L1B extension denied after RFE response submission

USA H1B Visa
1

Hey guys,

I applied for L1B extension and it got denied after submitting response for RFE received.
RFE date: Oct 21st
RFE response date: Nov20th
RFE denied date: Jan 4th (Applied for premium processing)

‘On January 4, 2019, we denied your Form I-129, Petition for a Nonimmigrant Worker, Receipt Number WACXXXX. We mailed you a decision notice that explains why we denied your case and your options. Please follow the instructions in the notice. If you do not receive your denial notice by January 19, 2019, please go to www.uscis.gov/e-request to request a copy of the notice. If you move, go to www.uscis.gov/addresschange to give us your new mailing address.’

They mentioned about options. What could be the options?
Any help would be appreciated.

2

Sorry to hear about it.
Options would talk about your rights to appeal the decision. The chances of appeals are usually very low and would be based on why your application has been denied.

3

Thanks for the response. Now I have to wait for H1B. Currently it is in RFE .

I responded to RFE back in Oct 2018. My wife has H1B and her I140 is in process. Any idea how much time it would take to get H4 ead?

4

You can only apply for H4 EAD if your in H4 status.
You current status is in jeopardy as your L1 extension has been denied.

Your options will be based on your i94 expiry date. When is your i94 expiry date?

5

My attorney mentioned that I can stay in US as my H1B was filed under change of status but I will not be authorized to work. I will check with attorney regarding this as well.
If I go back and get H4 now. Would my H1B still be valid until I get an approval?

6

Was your H1B filed before your i94 expiry? If yes, then you can stay in US as per your attorney.

Filing H4 will not invalidate your H1B application.
If you go out of US, the H1B COS will be abandoned meaning that if H1B approved later, it will be approved with consular processing.