If you are in F-1 status, for example, you have a day grace period from the end date of your degree program, during which time you can wrap up your affairs and leave the United States. If you remain in the U. USCIS will enclose information about the appeal process with the denial notification.
They must file the IB within 30 calendar days which include weekends from the date you received the denial 33 days if the decision arrived by mail. Be sure your employer includes additional evidence with the appeal if you feel that this documentation strengthens your case. Additionally, you must include the appropriate filing fee. Historically, appeals took a long time to process, up to three years in some cases. Per the AAO's posted time frames as of late , however, it's taking about six months to receive a decision on most I appeals.
Some H-1B appeals take longer. Because of this, and the fact that an appeal involves convincing the government that it made a mistake, simply reapplying is often easier. To decide whether to appeal the petition denial, you'll want to talk with your employer and an immigration attorney to evaluate your current immigration status, the timeline for a decision on the appeal, and whether there is another visa option.
These are all key points to consider carefully but quickly. Browse All Immigration Topics ». The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
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Popular stories Can Australia adopt a Canada model for international students? More about. Hi my perm is in progress. Now if my perm is approved and also is approved before December and my employer file a extension of h1b based on approved and if that is pending decision can I stay after Dec 6 which is 6 year end period for my h1b?
Does the same day rule apply in my case? My non cap H1b will expire in December. I requested a h1b extension but realized it becomes change of employer. The same company I work now but the name and tax ID changed. How much the chance my case will be denied? Should I look for another job as soon as possible? My i was approved last year. If becomes current during the waiting period of h1b transfer approval, will I have to refile I?
My H1-B from previous employer had I valid till Sept, H1-B was approved on July 21st, You were in period of authorised stay. It is slightly tricky here as you were in Bridge situation with Company A petition acted as Bridge…. Thanks for the clarification. Honesty is the best policy. Let them decide. No, you should not say that as it is grey area. You just say that it was applied when the other was pending and then let them decide…. I almost reach days after file the extension.
They request REF. My question is, just in case, they will denied the case. Do I need to leave the country on the same day I receive the paper notification? Or I still have 10 days notification to take care of things? Thank you very much for the help. Or do I need to leave the country once they denied from website, not even wait I receive the paper notification.
I really appreciate your help. You should try to leave immediately to avoid issues. Online status is not reliable at times, you should wait for the paper notice, and then confirm and leave. There is no grace period as such, unless you have a reason to stay for 10 days, you should not delay…you should plan to leave at the earliest…Talk to your attorney and plan.
Thank you so much for the information. I really appreciate it. I need to take care my car and house if I do get a denied. Thank you very much for your help. Well, it may be, if you are planning to pack up and leave. Talk to your attorney on this and then take a decision. If they plan to pursue it, they would leave it like that. They can also withdraw their application, it is up to them.
It does not impact you. Yes, it can if they want to pursue it. Well, this can be slightly tricky as you were in period of authorized stay and technically not in lawful status , you maybe able to go back before the denial, but from the day of denial you are not in period of authorized stay, so it is grey area and tricky…You should talk to your attorney at A or B and then make an informed decision.
Thanks Kumar, your answer number 3 really got me thinking.. Guess what I have received RFE from Employer B, and all the possibilities are narrowing down to what I already speculated in my questions. It has become wait and watch game now.. It is better to be honest with your answers in for DS State all the answer truthfully. I mentioned about out of status in my for DS and VO simply asked what happened and I gave the answer honestly and my visa was approved without any further question.
If you falsify any of the answers then there are more chances of your visa getting rejected. Employer got approval notice email recently on 28th March, as case was filed in premium processing. Quick Question: Can I work after 5th April based on email approval notice or I need to wait for hard copy notice and cannot work till then? Company A applied for H1B extension in normal process before my I is expired. What all scenarios? Please answer me for these question. This is Prakash and my days are ending on 27th March Please note that my case is upgraded to Premium and then i got RFE.
My H1-B max-out date is approaching. I have an approved I and my H1-B extension is filed, but I may not get the H1-B extension approval before max-out date. Will day rule apply to me as well? Thank so much for your post. Could you please help me with my case. My amendment was approved in including my work and home address.
My days are getting over by Jan 23rd. All of a sudden came back and told me that I am legally allowed to continue working after days as well. They said that my petition is filed along with amendment. So day rule will not be applicable for me. Could you please let me know if you have received any response about your question? If yes, please let me know what was that.
I am in the same situation. Looking forward for your response. Hi, Please advice if Day rule applies to H4 as well? Or, they can stay in US beyond days as they are not working. My H1B along with H4 was approved till 4th June Can you change your employers while on day period provided you move to a new employer only when the petition is approved? Nice post, thanks for posting screenshots of rules, very thoughtful.
I have further questions, 1. If someone stays beyond days, can they get driver license extended? After days crosses , is it possible to move to H4 get stamped out of the country while waiting for H1 approval. If yes, when the the extension is approved how does H4 to H1 processed? Assuming Yes for 2 again, can a different or same employer files for new H1?
Hello Kumar, Thanks for the post!! I have below 2 follow up questions on the same though and would appreciate your response on the same: 1. Does the same rule applies for L1B extensions also? If yes then can he pay the salary to the employee even if he is not working? Yes, anyone who files I form. Check the first screenshot it says L No, you cannot work for them after days. They cannot pay you salary as well. Save my name, email, and website in this browser for the next time I comment.
Can You Work? Article Contents hide. H1B Extension Pending for more than days — When does it start? Official Regulation? Conditions that allow H1B holders with Extensions pending to work for Days?
Am I in Unlawful Presence? Can you work beyond days? What can you do to avoid Day Rule complications? H1B days rule — Regulation Text. Does the Day Rule apply to L1 Petitions as well? Yes, it applies to anyone using the form I such as L1.
When does the Days Start? What all Visa holders can use day rule? No, the days rule does not apply for any transfer petitions filed. Ask a Question Add a Comment. I am in the same situation now. Kumar, can you please provide your reply to this question. SG, did you get any guidance on this query from any lawyer? Hi Kumar, Thanks for writing this article. My question is: Can we file i online? Hi Kumar, when will the days period begin.
Shivam, Read above article, it starts after your I expires and your petition ends. Since then my case has been stuck: 1. If my visa get rejected, before my days are over, can I file for an H4 application? Any help on this will be highly appreciated.
Jayesh, It starts since your I expired. Read above article again, it is clarified. Do I need to submit anything to amend my I online? Hi Kumar, Thanks for your reply. Hi, My case was outside regular processing time. Appreciate your help! Thank You. My extension petition got approved today. Not sure why it took so long. Hi Bala, My case got approved today. Hello All, My I94 was expired on Oct 10 Will it cause any problems while going for visa stamping in future.
My question is what might be the additional review? Thanks Reply. Venkat, I wish, we knew…it could be anything like verifying some additional info regarding you or your petition…hard to know… Reply. Hi Venkat, Did you receive any decision. I am exactly on the same boat..
RL, Cheers! Thank you Reply. Thanks Kumar…!!!! Any suggestions..? Hey Kumar, You are correct…. Thanks Kumar…!!! So, only option left is just to wait until the decision known.
Ok, They still follow premium processing timelines. If they can keep it dormant, they may…This is tricky and you need to discuss with employer and their attorney… Reply. If attorney files extension again by May 10th , can i continue to work for days or until a decision is made Reply. Hi Rohith Apply for extension before your i94 expires so you will get receipt On that receipt you can continue for days Do the above thing and start looking to transfer your H1b to new company with new project which makes your extension easier Mostly you will get denial again if you apply on same project with same employer.
So better look for new project after you apply for extension before your i94 expire currently where ever you are working Reply. Hi Kumar, My days will expire in May. Hi I live in windsor ontario and work in Detroit. Hi Kumar, Thanks for the reply. Hi Kumar, At present we have situation with this president EO coming through. Hi Kumar, Thank you for reply. So, if I work from canada home Its a more a taxation issue than an immigration issue right? Sure, thank you so much.
Will update once I get information from my employer attorney. Hi Kumar, Thanks for the info about the day rule. Thanks, Sanjay Reply. Thanks, Venu Reply. Hi, My previous H1B visa expired in September 7,
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