H1B denied by California, Approved after Refiling at Nebraska

Hello Anil

My h1 got denied with new employer on Sep 24. 2019[ applied in California on may 20, rfe once upgraded to premium in July, responded to RFE first week of September. This is my first ever rfe or denial in 14 years reason being non qualification as specialty worker ,not at all related to the documents requested in RFE.

After this my employer re applied H1 at Nebraska in October on premium …it went to rfe by October 22 and responded to rfe on nov 25. Today dec 17th there is a 3 year approval but no i94.

I have a follow up question on this topic discussed in this thread. My h1b with my previous employer has been stamped till march 2020 and i94 is valid till march 2020. I have i140 approved and this is not a new h1b.

Do I have to exit the country immediately ?

Am I not eligible to work without a new stamping? Or can I work once I have a new i94?

Should the stamping be in India or can it be Mexico or Canada? Asking this as the dates are out at-least by a month. Also as I stopped working from October 1 after the denial notice, I do not have recent pay stubs.

Do you recommend waiting on a few pay stubs before I go for stamping if the below option is open for me?

Do I have the option to exit the country and just renter with this new i797 approval for 3 years. Could I just cross the border and come back in a new i94 showing the latest 797 approval or do I need to get a stamping date immediately?

Can this be done in mexico border or can it be done driving to Vancouver Canada border ?

Appreciate your response!

Hi @Anupama_Moorthy

You should have left the US after your denial as your time spent in US after denial is counted as illegal time.

Anyways, you should move out immediately and get h1B visa stamp. You can visit Mexico or Canada for H1B visa stamping.

You can re-enter US only if you have a valid H1B visa stamp in your passport. If its valid, you can go out and show your new i797 and get longer i94.

Thanks Anil
I did consult with multiple attorneys after the denial and it was told I can stay as I have a valid Visa stamp and i94 till march 2020. Also that I had fresh 60 days grace period within which a new h1 can be filed after the denial which was done as well. It was told I will not be out of status.

I still have a valid visa stamp, hence the question if I need a new stamp immediately as dates are hard to get or can I wait till January and or so before exiting the country based on the appointment date I get?



Well, I don’t agree with that analysis.

You should consult and follow your attorney’s advice as they know more about your case.