H1B ext denied

[Nikhil1]

Hi all,
My ext for h1b is denied by uscis.
My earlier visa expired on sept 30 2009.

nov 6 2009 they denied it.

I am filing for B1 tomorrow.
employer is filing for appeal , please advise what should i do.


wait or pack up and go to india, I mean am I allowed to stay until the appeal is sent and response is received

[csharpguru]

Did you get RFE? What is the reason for denial?

[sudhamsh]

Technically you are out of status and will be accruing illegal stay since your extension is denied. My opinion is to leave the county immediately to avoid any complications in future. May be you can consult an attorney who can help you to decide.

[contact 01]

Hi all,
My ext for h1b is denied by uscis.
My earlier visa expired on sept 30 2009.

nov 6 2009 they denied it.

I am filing for B1 tomorrow.
employer is filing for appeal , please advise what should i do.


wait or pack up and go to india, I mean am I allowed to stay until the appeal is sent and response is received

If your employer has filed the appeal immediately then you can stay in the country till the dsiposal of the case proceedings.

Note: this is not a legal advice, please consult an attorney