H-1B Extension Denial & Rejection

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Getting your H-1B transfer denied can be difficult and negatively impact your life in the U.S., but at least you will still have your status. Petitioning for an extension or renewal and encountering a denial can result in you having to leave the country.

The number one tip for filing for an extension is to file long before your H-1B is set to expire. This way, if your extension is denied or rejected, you will not be considered out of status, which could result in long-term bars from re-entry. However, if you encounter an extension denial, you will need to find a new solution or leave the country when your validation period is over. H1B Visa Process Check UT Evaluators

To avoid an H-1B extension denial, you will need to ensure that you have not yet reached the six-year normal maximum stay under H-1B status. If you are only approaching the 3-year mark, then there are some other factors that could have contributed to your denial:

A. Your job has changed and is no longer considered a specialty position

B. Your relationship with your employer has changed so that you are no longer in a legitimate employer-employee relationship. For example, if you were hired by a staffing agency and are now working for a client of that agency.

C. You have committed a crime in the U.S. or otherwise violated your status.

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Denial vs Rejection

One thing to understand is that there is an important difference between the terms “denial” and “rejection” in immigration law. The USCIS adjudicates petitions with a two-pronged approach.

During the first prong, an evaluating officer will look over your case to make sure that all of the information is present and correct on the petition, that all fees are sufficient and correctly filed, and that all necessary supporting documents are present (e.g. passport copy). If your petition does not pass this prong, it will likely be rejected. For H1B Visa Process Visit here

During the second prong, the officer will examine your case to see if it merits an H-1B visa transfer or extension based on whether you and your employer meet the necessary requirements through the supporting documents and petition. If your petition does not pass this prong, it will likely be denied.

Essentially, rejections happen when there is a simple or technical error with your petition. The answer is to simply fix the error and refile. On the other hand, denials happen when the evaluating officer does not believe that your case merits an H-1B transfer or extension. To fix a denial, you will need to either solve the issue that caused the denial, petition with a different employer, or file a motion to reopen or reconsider.

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