What can be Done if an H-1B is Denied While in the USA?

In case of H1 transfer denied what other options one can have ? [provide that has 140 approved since many years]
1. Can new H1 transfer with new employer can be initiated ? 2. Can one can apply for B1 [Visitor Visa] and remain in USA for valid period ?

Printer-friendly versionPDF version
ANSWER: 

Watch the Video on this FAQ: What can be done if an H-1B is denied while in the USA?

Video Transcript

You can always file another H-1. You can file for an H-1 renewal, you can file for an H-1 transfer, you can file for an H-1B amendment even if the H-1B is denied. While in the USA depends upon whether or not you have status. If you are maintaining status you can file for an extension and another amendment because one denial does not foreclose another application under the same category. 

But if you are not in status chances are you will have to go outside the USA for visa stamping before you can start working with a new approval, but a new application can always be filed. More...


Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Add new comment