H1B Amendment denied while H1B Extension got RFE (Bridge Case) after I-94 expiry

USA H1B
1

Hi Anil,

I have H1B till I94 - 03/06/2019 with company A.
I got job and moved to Client location and applied Amendment in regular at California on 03/27/2018.
It took 12 months and got RFE & replied RFE on 03/07/2019.

In between, I applied for H1B extension on 11/19/2018 at Nebraska in regular it got RFE on 05/01/2019 stating evidence for Bridge case and gave time to respond till 07/31/2019.

Today (05/13/2019), H1B Amendment denied status is updated in online. Attorney yet to get denial notice. Please let me what all options.

  1. Can I continue work at Client location till Attorney receive denial letter…?
  2. As, my 240 day after I-94 expiry is 11/1/2019. What are my options to stay in US and work…?
  3. Now, my status is consider as “out of status”…?

Thanks,
KK

2

I have answered a similar question on truvisa.com yesterday. Please check and let me know if you need more information:

3

Hi Anil,

Thanks for quick look on my query. Only difference I see from another case - At present I do not have valid I-94. However, I applied H1B extension before I-94 expiry, Can I know your advice on following…

  1. Even though H1B amendment for same client and same location denied, Can I work at client location till H1B extension decision? Or, Do I need stop work at Client location?
  2. Is it true, can we stay for 90 days after extension denial?

Thanks,
KK

4

As per my opinion, you cannot work for this client as their amendment has been denied.

As per USCIS rule, they will deny the subsequent extention too that’s based on the amendment.

There is no 90 day rule that i am aware of which allows you to stay in US after denial or i94 expiry.