4) 4th Feb is the last day as per denial letter notification. Am currently awaiting for the official denial notice to get the details. H1B extension RFE after i94 expiry. H1b Denial, What are the chances of approval in MTR. This can last up to a half year. 1% this was a good beginning to Q2. It's hard to say what your chances of approval are but based on the documents you submitted and as long as your father-in-law meets the income requirement, you have a good chance. You can come back to USA immediately after your extension has been approved. This is a tough one. If you have lost your job, chances are that your change of status will be denied on account of your lack of respect for US Immigration laws by continuing to reside in the US beyond the valid H1B. Before I could get this approval notice in hand, I found another job thru employer B and applied for H1B transfer using the old H1B petition which had expiry date as 30-Jun-2008. citizens or permanent residents file an I-130 for a spouse, they must submit evidence proving the marriage is not only legal, but also bona fide. After LC approval, employers will have 180 days to submit the certification to USCIS in support of an I-140 petition. The total approval rate for these US companies (including for continued employment) was 98-99%. Call 440-946-7656 in Lake County or 216-861-4211 in Cuyahoga County. 2%, up nearly 10% from the same quarter in fiscal year 2019, cites Fragomen. As the title says, I got an H1B transfer denial after having gotten a Specialty Occupation RFE. Your wife can get her H4 stamped in June even if her H-1B petition is approved with start date of October 2007, since the visa approval is yet to become valid. H1B premium cases will start receiving their H1B. In the denial, USCIS states that it is not persuasive that the applicant genuinely wishes to pursue a non-related MBA after ten years working in the U. Has anyone been able to get your Out of cap H1B filing approved after an extension denial? @Vidhu Visa did your visa approved after re-filed? Share this post. However, if the denial is based on the merits of the H1B petition itself, i. The attorney would not issue the letter and, thus, the I-485 was denied. and right after her employment termination. AOS applications filed prior to that date may still be called for interview on a case-by-case basis following previous procedures. If you have already applied for an H-1B Visa on behalf of a foreign worker, you can check the status of the application by checking with the USCIS website. You can continue working without any problem. Got info about making fresh h1b submission with new company on advise by a. - We're planning to go to India and get Visa stamping done Can Visa stamping be denied after having the petition approved?. The 33 day timer starts on the day USCIS denies your H1B Extension or Amendment or Transfer and not the day your attorney receives the official USCIS denial letter. Tata Consultancy Services Limited has filed 40008 labor condition applications for H1B visa and 3027 labor certifications for green card from fiscal year 2017 to 2019. As the H1B RFE approval rate has lowered to a concerning percentage, it is important to address your request for evidence appropriately and respond to each and every question in detail to reduce your likelihood of a denial. Hi all, I am on OPT and have H1B approval. 1 20 CFR 656. H1B Visa Denials/Delays for Incoming Physicians I am doing. So, one have to prepare in advance to stay visa status USA incase if your H1B not picked in lottery or denied. In other words: About 38 H1B Visa Petitions were Denied for every 100 after RFE's were issued. Top Exempt New H1B. 2 BALCA has refused to provide "equitable" relief requested by an employer notified by the denial that the form was missing information in one block of the ETA-9089, even where the CO denied the application more than eight months after filing and thus prevented the employer from refiling based on the original recruitment. A domestic violence charge impacts immigration status. The normal maximum amount of time a foreign national can remain in the U. If the transfer to another employer gets. The process of approving […]. An employer must continue to pay the required wages to H1-B employees. Further, 86% of those who appeal their denials and seek. I reviewed the H1B transfer application and the job description seemed similar enough to my H1B application that was successful last year. After a closer look, however, exhaustive and meticulous pre-planning of an I-539 submission is imperative to improve the chances of a visa approval, rather than risking a denial solely due to confusion, a mishap, or lax behavior. My H1b will be start on October 1st 2019. Applied for H1B extension thru emplyer A. My body shop company response for this : After H1B approval come. Let me explain. Two of the most common H1B denial reason is Employer Employee Relationship Clause and H1B Speciality Occupation Services. An I-485 petition must be submitted by any foreign worker to the United States Citizenship and Immigration Services in order for the worker to maintain his or her lawful immigration status while their Green Card is being processed. One of the most common questions to US officials from people who have been denied a Visa is when they can apply again. As the H1B RFE approval rate has lowered to a concerning percentage, it is important to address your request for evidence appropriately and respond to each and every question in detail to reduce your likelihood of a denial. Thus, the Form I-129 is denied because you did not remit the required filing fees. How far in advance of the start-date may I submit my O-1 petition? You may submit an O-1 petition up to one year in advance of the date you would like the O-1 to take effect. - The denial rate for L-1B petitions (to transfer employees into the U. 5 lakh H1B applications until April 1, 2020, when the process closed, according to official data. Can You Appeal H1b Denial ? Yes, you can appeal if your H1b gets denied. I applied for the OPT in January this year but was denied for some reason. Current H1B Processing Time 2020, Estimated Approval. When an H1b employee is hired, an LCA ( Labor certification application ) is filed. Register for free to reserve your seat now. © 2020 Fortune Media IP Limited. S permanently. In most of the cases I94 and h1b visa expires at the same time. Almost 30% H-1B applications filed by IT consulting companies like Cognizant, Capgemini are denied by USCIS as per last year's data. company with a capacity to hire, pay and provide. After a closer look, however, exhaustive and meticulous pre-planning of an I-539 submission is imperative to improve the chances of a visa approval, rather than risking a denial solely due to confusion, a mishap, or lax behavior. This article was prepared by attorney Ekaterina Powell from our office. Everybody who files H1B petitions for employees has noticed an uptick recently in requests for evidence and in denials. The denial rate for H1B petition seeking new employment has increased from 15% to 32% and for continuing employment from 6% to 18%. My husband said we have to be careful what we do with our finances because we can still be denied for the loan, even though we've already been pre-approved by the lender. Occasionally, USCIS requires the applicants (company or individual) to provide additional information and supplement materials before approving their H1B visa — This is what is known as the RFE (Request for Evidence). an approval or denial of the alien non-worker H1B petition before the alien worker leaves his or her current employment to start working for the new. Employers like Google, Apple and Microsoft offering H1B jobs to foreign workers have extremely good chances of H1B approval at 99%. As the H1B RFE approval rate has lowered to a concerning percentage, it is important to address your request for evidence appropriately and respond to each and every question in detail to reduce your likelihood of a denial. If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request with the U. Like this thread 0 0. The US green card can make the green card holder a permanent resident of the US for life. This can last up to a half year. After a college or university has approved your application for a full time course/ program, they will send you a document called an I-20 form, which is the application form for F-1 visa. Free guides, tools and resources. I had got a new receipt number WAC***** after I applied for motion for the denial which i received on answering my RFE on H1B. The overall approval rate for H-1B applicants was 75% in the first quarter of 2019, compared with 96% in the first quarter of 2015. consulate in your home country (preferred) and obtain an I-94 card upon. Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019 for new H-1B petitions for initial employment*. H1b extension rfe after i140 approval H1b extension rfe after i140 approval. What are the odds of being approved after they send me to a Social Security Disability medical exam? Actually, there is no real correlation between being sent to a CE (CE stands for consultative examination and this is generally what people are referring to when they use the term "social security medical exam") and being approved or denied on a. Getting an RFE just means that the officer in USCIS can't join all dots together to prove that you fulfill all requirements. I reviewed the H1B transfer application and the job description seemed similar enough to my H1B application that was successful last year. The chances of getting approved for benefits go up for those who take the time to appeal. company with a capacity to hire, pay and provide. Current Immigration Status ( Vistor, Student, etc ) I am still on my H1B. Is there anything else we can do or apply for? He is inadmissible until 2026 it says and has a drug felony. Denied After Pre-Approval - The Good, The Bad & The Ugly. This would roughly translate to If a company hired 10 contractors who are on H1B at the beginning of 2018, then that company lost 8 contractors in 2018 and 3 more of the replaced contractors in 2019. F-1, M, and J-1. Your spouse can stay in US and work for up-to 240 days after i94 expiry and wait for the RFE result. Cross-check all the documents; Documents play a vital role in getting an H1B visa. Denied a Pre-Approved Credit Offer? Here Are 4 Reasons Why! Netiva Heard; Why You Were Denied After a Pre-Approval. I'm confused. But as soon as I got the package, I sent it to the correct service center (at this point, 10 days after the expiration date). Some of the H1B petitions are denied by USCIS, it could be for a variety of reasons. August 26, 2019 After H1b Visa Approval What S Next Process Stamping Chances Of H1b Approval After Lottery Denial Rfe Steps Am22 Tech Here S Next Steps After H1b Visa Approval By Uscis Cos To Stamping. Optional Practical Training (OPT) is a period during which undergraduate and graduate students with F-1 status who have completed or have been pursuing their degrees for one academic year are permitted by the United States Citizenship and Immigration Services (USCIS) to work for one year on a student visa towards getting practical training to complement their education. How to apply for MTR after H1b Denial. Donald Trump-led administration. Unlike the H1B visa or L-1 Visa, there is technically no maximum period that an individual can be in O-1 status. Again applied from new h1b in April and got approval on may without I-94 for 3years. As the title says, I got an H1B transfer denial after having gotten a Specialty Occupation RFE. TO HELP IMPROVE YOUR CHANCES OF H-1B LOTTERY SELECTION AND APPROVALS, We're offering you a FREE FY 2018 H-1B Cap Filing Plan Consultation. In addition, if the H1B worker leaves the U. Introduction. But denial rates have more than doubled since 2016. My I94 expired in Oct 2017, and I am currently in India since July 2018. Administrative Processing After A Visa Is Approved A visa approval still isn't a guarantee that you can immigrate to the United States. Getting the 221g doesn't necessarily mean you will be denied but it just means that the US embassy needs more time to review your documents and your proof of. Table A provides data on the approval and denial for the E-11 classification (Alien of Extraordinary Ability) of the Form I-140, Immigrant Petition for Alien Workers. © 2020 Fortune Media IP Limited. Hi everyone, with so many h1b transfer denials/rfes, I wanted to ask if anyone had experience having a second filing for a transfer approved. What Count towards the Six Years in H-1B Status? Actually, the correct term is H status. Both of these filings were approved. My I94 expired in Oct 2017, and I am currently in India since July 2018. Authorities Can Now Deny Visa and Green Card Applications Without Giving Applicants a Chance to Fix Errors. I am in US with L1b ; extension was denied. I understand there is a risk of I140 revocation, but chances are pretty slim of that happening. You can apply for cap exempt # h1b-extension again even if you have left USA. Domestic violence is defined as abuse or threats of abuse against an intimate partner or someone related by blood or marriage. ; 80% of O1 visa applications by Indians were issued RFEs in the 4 th quarter of FY 2017. But some applicants start working for new employer from the day new employer send the documents to USCIS for H1B visa petition. Getting your H-1B visa approval is the first step of your journey to towards your dream and a long career ahead in the USA. In September 1996, Congress passed the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), which imposed penalties on those who stay in the United States beyond the period authorized by the Attorney General. Even if you fit an eligibility category, a ground of inadmissibility can cause a green card application denial. It costs additional $1,225( fee increased in Nov 2010 ) and the turnaround time is 15 calendar days. This means you you will have to leave the country, make application for an H1B visa at a U. The chances of H1B approval or denial after lottery selection vary by your employer and the documents submitted. What are the odds of being approved after they send me to a Social Security Disability medical exam? Actually, there is no real correlation between being sent to a CE (CE stands for consultative examination and this is generally what people are referring to when they use the term "social security medical exam") and being approved or denied on a. Hi everyone, with so many h1b transfer denials/rfes, I wanted to ask if anyone had experience having a second filing for a transfer approved. But some applicants start working for new employer from the day new employer send the documents to USCIS for H1B visa petition. Each year, non-US foreign nationals applying for an H1B visa to work in the USA take their chances with the 'H1B Visa Lottery'. All Rights Reserved. The above case status indicates that the H1B petition with this particular case number was approved and they have send the receipt notice to the employer/ attorney by traditional post/mail. citizenship may be concerned about whether a denied citizenship application would result in their deportation from the U. However, if, after this point, the denial is upheld, there is no appeal available. Thus, make sure that all your documents are complete, up to date, duly signed wherever required and have complete details of addresses and the like. Employment-based Immigration. A: To keep the legal status in U. 7%, an approximately onethird - increase in the denial rate within the same fiscal year. Any idea? 3 comments. Disillusioned, several Indians shared their experiences of having their goals "trumped" on. Dates/Events: Opt Expired- 07/2012 OPT CAP-GAP Extension - 09/2012 H1B Applied in premium- 05/2012 H1B RFE- 06/2012 H1B RFE response- 08/2012 H1B Denial- 09/2012 (No client letter, Questionable Employ …. You must have substantial evidence to file an MTR. The US government has restricted the H1B visa grant for Indians to 15 per cent. Before I could get this approval notice in hand, I found another job thru employer B and applied for H1B transfer using the old H1B petition which had expiry date as 30-Jun-2008. The H1B visa cap limits the maximum number of H1B visas that will be made available on an annual basis and each. Question: I was on H1B for 8 years before my H1B extension was denied. Additionally, for those applications that are approved, if the H-1B is later denied, it could cause serious problems the STEM OPT Extension and F-1 SEVIS record. Am a bit unclear about an option, I have been reading on the internet. If your wife obtains the H-4 EAD before her H-1B is approved and the H-1B is later approved, the H-1B would be valid and supersede the H-4. If your previous H1b is not valid then you have to leave the country immediately as you cannot move back to original company. So many applications are received that if you think … Continue reading "How to Appeal a Denial of an H1B Visa Petition". My h1 transfer denied on Jan 5 after specialty occupation RFE. It just expedites the processing. However, BIO's current experience is that that STEM applications submitted after the end of the OPT EAD, but during the Cap-Gap period carry a very high risk of denial. (949) 509-6515 · 4199 Campus Dr Ste 550 Irvine, CA 92612. I did the border crossing and got my I 94. Far more green card applicants will now be required to go through an interview, the Trump administration announced Monday. This blog is looking for wisdom, to have and to share. With all of its advantages, it’s no wonder why the L-1 visa is such a popular way to work in the U. Am a bit unclear about an option, I have been reading on the internet. However, if the denial is based on the merits of the H1B petition itself, i. H1B visa approval rates increase slightly While L1A and L1B visa rejections rates have increased, approval rates for the coveted US H1B visa have risen, albeit only slightly. Shortly after Donald Trump signed the 'Buy American, Hire American' presidential executive order on April 18, 2018, United States Citizenship and Immigration Services (USCIS) began to increase the number of Requests for Evidence (RFEs) and denials for H1B visa petitions, according to new evidence released by the National Foundation for American Policy (NFAP). But as soon as I got the package, I sent it to the correct service center (at this point, 10 days after the expiration date). The US green card can make the green card holder a permanent resident of the US for life. However, the mere fact that an employer is selected for a site inspection after an H1B petition has been approved does not signal that the USCIS believes there is a problem with the case. Am currently awaiting for the official denial notice to get the details. The H1B transfer bill approved in the senate and House (bill S. The MTR filing requires Form I-290B together with fee and should be ideally accompanied by a legal brief. I am in US with L1b ; extension was denied. If you are still single. But some applicants start working for new employer from the day new employer send the documents to USCIS for H1B visa petition. But it is true that USCIS norms hH1B, H4 Visa experiences: Page 8. How far in advance of the start-date may I submit my O-1 petition? You may submit an O-1 petition up to one year in advance of the date you would like the O-1 to take effect. what is H1B visa The H1B visa is an employment-based, non-immigrant visa category for temporary workers. Your case, Receipt Number WAC*****, is being transferred back to the originating office. If I am denied a visa after administrative processing, can I appeal the decision? Visa denials generally cannot be appealed; however applicants may reapply for a visa in the future. This approved petition is a function permit allowing you to obtain a visa stamp and perform. After a closer look, however, exhaustive and meticulous pre-planning of an I-539 submission is imperative to improve the chances of a visa approval, rather than risking a denial solely due to confusion, a mishap, or lax behavior. 5 lakh H1B applications until April 1, 2020, when the process closed, according to official data. I am not sure what this attorney you had consulted with meant but you are NOT going to get an extension of stay approved most likely. 5% during the first six months of the fiscal 2019. citizens are eligible for. Luckily, my vendor B filed a petition for me in that time and I was able to go for another visa interview with the new petition and got it approved. Increased denials. For a previously denied petition, employers either can file a new petition or go to court to overturn the denial. H1B denial - failed to maintain status I have filed my H1B extension in a timely manner but to a wrong service center and by the time it came back to my HR, it was already after my H1B has expired. If a petition or application filed with U. My husband is on H1b and i am on H4 status. I don't want to feel "my home" when I am 68 and after my kids are out on their own. Am currently awaiting for the official denial notice to get the details. Q: There is a gap between my layoff date and the date that I filed my new H-1B application. but why are you so sure your 140 will be denied. If I-140 and I-485 (Application to Adjust) have been filed concurrently, and if the I-140 is denied for whatever reason then the chances are that the I-485 will be denied as well. This BLOG On Reasons Why Mortgage Denied After Pre-Approval By Underwriters Was UPDATED On April 17th, 2019. This would roughly translate to If a company hired 10 contractors who are on H1B at the beginning of 2018, then that company lost 8 contractors in 2018 and 3 more of the replaced contractors in 2019. If you happen to be working as a consultant, then high chances for RFE & Denial. You can attend for Visa again. So, do not be misled by the fact that $1,225 will increase chances. 8% of H1B visa applications were approved in FY19, compared to 84. But some applicants start working for new employer from the day new employer send the documents to USCIS for H1B visa petition. Citizenship and Immigration Services (USCIS) approves the petition filed by your U. What are the odds of being approved after they send me to a Social Security Disability medical exam? Actually, there is no real correlation between being sent to a CE (CE stands for consultative examination and this is generally what people are referring to when they use the term "social security medical exam") and being approved or denied on a. The 33 day timer starts on the day USCIS denies your H1B Extension or Amendment or Transfer and not the day your attorney receives the official USCIS denial letter. 5 lakh H1B applications until April 1, 2020, when the process closed, according to official data. Tata Consultancy Services Limited has filed 40008 labor condition applications for H1B visa and 3027 labor certifications for green card from fiscal year 2017 to 2019. "Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019 for new H-1B petitions for initial employment," according to a. Current H1B Processing Time 2020, Estimated Approval. Life after 6 years of H1B. i want to transfer (not the right term to use) my H1B to the new company. An employer must continue to pay the required wages to H1-B employees. A transfer requires U. I would especially encourage to reapply for EB1A after a denial, because the decision making on the USCIS side is becoming more random. Denial notice is still on the way but I suspect it was because the RFE response was insufficient. , some next steps are possible. If an H1B beneficiary is given advance notice of the impending termination of his or her H1B employment, it is imperative that the beneficiary consult with an experienced immigration attorney immediately if he or she intends to seek an immigration solution to remain lawfully in the United States after the termination of H1B employment. I cannot say if EB5 or NIW could be more suitable for you, because there are many details one has to study for each case to make a judgement, especially because the requirements are so different. Depending on your state, the rate of denial will be about 80 percent, but it can go as high as 90 percent. Has anyone been able to get your Out of cap H1B filing approved after an extension denial? My employer has re filed my H1B in premium and I am keeping fingers crossed on the outcome. Citizenship and Immigration Services will send an approval notice, a denial notice, a notice of intent to deny, a request for additional evidence, or open an investigation for fraud or misrepresentation within 15 calendar days of receiving Form I-907: Request for Premium Processing Service. 3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4. In the denial, USCIS states that it is not persuasive that the applicant genuinely wishes to pursue a non-related MBA after ten years working in the U. H1B Visas H1B RFEs H1B Extensions H1B Amendment H4/EADs F1/OPT/CPT GC - PERM/I-140/I-485 TN Visas L1/L2 Visas E3 Visas Immigration News Outlook More. Steps after H1B Lottery approval, denial or RFE. Individuals with approved I-140 Immigrant Visa Petitions who are presently unable to file for Adjustment of Status due to per country limits ; How Many Times May I Use AC21 to Extend My H1B. Visa Chances after 214b Rejection You have Good IELTS score, Enough GRE score for the University, work experience too. Do you think there is any possibility for approval, as all documents remain the same. com Chances of H1B Approval after Lottery 2020-21, Denial, RFE Steps. This is a tough one. If your company is extending an offer to a current H1B visa holder, contact us today to learn more about how we can help smooth the process and improve your chances of a successful outcome. You should secure admission and get an I-20 from a SEVP approved school and then apply for a change of status from H1B to F1. ” H1B visa expiration and deportation. I reviewed the H1B transfer application and the job description seemed similar enough to my H1B application that was successful last year. However, he must not begin work. I did the border crossing and got my I 94. 7% in the first three quarters of FY 2019, from 52. Continuing H1b extension has a good chance of approval , coz USCIS might approve the extension of old visa rather than approving a new VISA which incurs lot of changes. But as soon as I got the package, I sent it to the correct service center (at this point, 10 days after the expiration date). I have to apply from India only to get the approval for Canada visa. , the employer sponsoring the H-1B visa does not appear to be a real, established, operating U. "Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019 for new H-1B petitions for initial employment," according to a. H1B to F1 change of status process - [2020] Your H1B extension is at risk of denial or is already denied and you want to stay legally in the US by enrolling in a University. ) If you would like more information about the approval rates in 2018 and 2019 please read our blog article on that subject. The good news going forward is that USCIS no longer should deny H-1B petitions solely because the employee will work at a client location. Fortunately, this is uncommon, but it is one of the risks of applying for citizenship in some situations. H1B Extension, I94 Expired, H1B Denied, H1B transfer before H1B extension denied after I94 extension. The individual came to the Murthy Law Firm after receiving the spouse's I-485 denial. Getting your H-1B transfer denied can be problematic, so keep reading to learn the common resons behind denial. H-1B Premium Processing and Related Issues U. Our visa's and I-94 expired on Feb28,2003. The gSteps after H1B Lottery approval, denial or RFE. An immigrant denied an H-1B visa extension while waiting for his preapproved green card has had that denial reversed a week after filing a lawsuit against USCIS. An employer must continue to pay the required wages to H1-B employees. In both cases, the service was professional, reliable, transparent, and organized. What are my chances of appeal of the denial? Mr. while his/her extension of status petition is pending, the employer may request that USCIS notify the USCBP or the U. I m in 4th year of H1b and I485 - 180 days completed. Do you think there is any possibility for approval, as all documents remain the same. H1B Visa Lottery - Improving your chances. Here's how the RFE rates have risen and the approval rates have fallen: H-1B Approval Rates Fall as More Questions Are Asked, FY 2015-2019. my husband got the F1 visa is on 7th june 2013, and im planing to apply for the F2 visa after one month from now, by the time i apply my husband will be in india only, since his course will be stating in aug mid. By that time, my English was pretty bad, so I didn't understand the implications of getting marked and signed in my DS160 form: "No subject to the 2 years rule" and getting in my visa stamped with the. View Pathways eb-5's latest news on PRLog, with news from 330,000 organizations. Your spouse can stay in US and work for up-to 240 days after i94 expiry and wait for the RFE result. All reimbursement requests made after this timeframe require approval by the College President or designee and from the funding entity if professional growth funds are used. If USCIS determines that you lied, the green card application denial will adversely affect the intending immigrant’s future attempts to immigrate to the United States. Success Stories Case Summaries of Our Featured Approvals* NIW Success Rate: 98% (2017-2019) Request a Free Profile Evaluation. The approval rate after an RFE fell to 50. Has anyone been able to get your Out of cap H1B filing approved after an extension denial? @Vidhu Visa did your visa approved after re-filed? Share this post. 8% of H1B visa applications were approved in FY19, compared to 84. USCIS is pushing back a lot on things they used to not push back on. Applying for premium processing will not increase your chances for getting H1B approval notice. But as soon as I got the package, I sent it to the correct service center (at this point, 10 days after the expiration date). and right after her employment termination. Added to this, the approval rate after receiving a Request for Evidence (RFE) has also seen an uptick of 10% and is at 68. The problems for the companies aggravated under Trump’s administration, when the denial rates for new H-1B petitions for initial employment rose from 6% to 30% between 2015 to 2020, as per the National Foundation for American Policy analysis. H1B Approved in Error, Denied Reentry - How to Return to the U. Then comes H1B Visa approval after a long wait. We simultaneously filed an H-4 case requesting nunc pro tunc approval, as well as an MTR on the I-485 case. Re: Chances of approval with Navy Federal. How to Get Approved to Open a Chick-fil-A. I was reading the post in this forum, and i understand that i can transfer the H1B before OCT 1st but it will not be a transfer, basically i have to file for a new H1B and since i have already counted against the quota, i will be exempt from the quota. Receiving H1B RFE does not mean that your H1B application has been denied, it simply means that there are documents or information that are missing. Is there anything else we can do or apply for? He is inadmissible until 2026 it says and has a drug felony. It just expedites the processing. Continuing H1b extension has a good chance of approval , coz USCIS might approve the extension of old visa rather than approving a new VISA which incurs lot of changes. Like this thread 0 0. 2%, up nearly 10% from the same quarter in fiscal year 2019, cites Fragomen. I94 expired, H1B extension denied, I 140 approved. Chances of H1B Approval after AAO Appeal. ADVERTISEMENT With the recent crackdown on undocumented immigrants in USA, there has been an increasing demand for work visas and, as expected, the number of work visa rejections has increased. My parents are residing in USA , and they already kept my file on their green card, is it so that i have less chances for f-1 visa approval?? Unregistered - 06-19-2015, 02:35 PM I have my parents living in USA ,they went on b1b2 visa and transfered to student f1 visa , now my dad is working on opt. What are my options? I don't yet know the reason for the rejection. Even if you suffer from a disabling condition that prevents you from working, you will most likely be denied disability benefits when you first apply. Naturalization is the end result of a permanent visa/Green Card. Life after 6 years of H1B. It’s no secret that CIS approval trends, especially with regards to the much sought-after H1B visa, change from year to year. Since USCIS updates data every few weeks, estimated date shown below may also change every few weeks. After I got the new receipt number within 10 days my USCIS Case status changed to “Appeal Was Approved”“The appellate authority approved your appeal and mailed you a decision. In this case, H1B dependent employer must fulfill 2 additional requirements. Advance Reports. We strongly recommend to wait for H1B transfer approval and NOT join consulting company on receipt to avoid status issues later after denial or RFE. If your previous H1b is not valid then you have to leave the country immediately as you cannot move back to original company. How soon can you come back depends on how soon you find an employer to file your H1B extension and how soon they send you to work in USA. However, if the denial is based on the merits of the H1B petition itself, i. H1b visa rejected. H1b Extension Processing Time. After discussing my case with lawyers, I left the country and I got my H1 transferred to some other company. I cannot say if EB5 or NIW could be more suitable for you, because there are many details one has to study for each case to make a judgement, especially because the requirements are so different. 2045) now has rules that enable valid H1B visa holders to change jobs upon the filing of a new petition by the new employer as long as the individual is in lawful status at the time of filing and has not engaged in any unauthorized employment since his or her last lawful admission. As the H1B RFE approval rate has lowered to a concerning percentage, it is important to address your request for evidence appropriately and respond to each and every question in detail to reduce your likelihood of a denial. A body shop company filed for my H1b petition based on my client assignment , but unfortunately after few days my client assignment got ended due to project funding issues. My manager is insisting to update it to premium mode. The usual path is to start the case over again by refiling the I-130 petition, waiting for approval, and so forth. , the H1B petition used to port) is denied prior to the expiration of the validity period of the previously approved. So going with OnlineVisas is a way to maximize your chances of success!. I'm confused. Can I predict my odds of being approved and how long my case will take? Actually, you can. H1B again after H1B extension denied. USCIS will send u an RFE and also in worst NOID - Notice of Intent of Denial so that gives you enough room to decide on what should be done so that I140 wont be rejected. Here you find all the details. Chances of approval depend on the facts of the case and the reasons for the. In the denial, USCIS states that it is not persuasive that the applicant genuinely wishes to pursue a non-related MBA after ten years working in the U. A list of. H1B denial - failed to maintain status I have filed my H1B extension in a timely manner but to a wrong service center and by the time it came back to my HR, it was already after my H1B has expired. How to Change H1B Employer: H1B Transfer If your extension is denied by USCIS after porting your H-1B employment authorization, you will have to leave the country until the petition of your new employer is approved, and then resume employment after being re-admitted to the US. Kumar on USCIS Online H1B Case Status Meaning – Detailed Screenshots, Changes Flow Kumar on New I-539 form USCIS– Process, I-539A, Biometric,Processing Time H4 Kumar on H1B Employer Employee Relationship, Itinerary Policy(2020) USCIS. It is imperative to contact a good immigration lawyer to seek out legal advice. But mostly it is one or two weeks. Downloads H1B/H4 Visa Templates H1B Technical Descriptions F1/OPT/STEM/OPT Templates PERM/I-140 Templates Checklists/Forms. According to a new analysis by the National Foundation for American Policy (NFAP), the Denial rates for H1B petitions have skyrocketed to 24% through the third quarter of FY 2019. I am on H1B, my current I94 date is valid till Nov9,2012. The chances of approval at the next level, the Social Security Appeals Council, are worse than any other level of appeal: only 1% of these cases are approved. 7% in the first three quarters of FY 2019, from 52. After DOL certifies the LCA, the petitioner may then file an H-1B petition with USCIS on Form I-129, Petition for a Nonimmigrant Worker, seeking approval of H-1B classification for the worker (or “beneficiary”). Ernst & Young was ranked 8 among all visa sponsors. Once the request to upgrade has been received by USCIS, your case will be responded to within 15 days. You can attend for Visa again. August 26, 2019 After H1b Visa Approval What S Next Process Stamping Chances Of H1b Approval After Lottery Denial Rfe Steps Am22 Tech Here S Next Steps After H1b Visa Approval By Uscis Cos To Stamping. My manager is insisting to update it to premium mode. an approval or denial of the alien non-worker H1B petition before the alien worker leaves his or her current employment to start working for the new. My h1 transfer denied on Jan 5 after specialty occupation RFE. Everybody who files H1B petitions for employees has noticed an uptick recently in requests for evidence and in denials. Is anyone else on the same boat or has a success story? Edited May 24, 2018 by Vidhu Visa typo. h1b premium processing is getting approval within 1 to 15 days of filing. In the previous 2018 H-1B period, OnlineVisas has had zero denials (and just one RFE - request for evidence) across all our H-1B petitions that passed the lottery stage. You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. The previously proposed electronic H-1B visa registration system will officially be implemented in 2020. H-1B is a "specialty occupation" work visa. Mortgage approval chances: Fannie Mae and Freddie Mac. Hi everyone, with so many h1b transfer denials/rfes, I wanted to ask if anyone had experience having a second filing for a transfer approved. I work for IT company as a project manager. The key to being able to “gain” back H-1B status is to file a new petition (same or a new employer) and request a discretionary grant of status as part of such new petition’s approval – this kind of request is often called nunc pro tunc when it asks USCIS to grant an approval with retroactive validity dates. This 240 Day Rule is not an independent basis for H1B renewal, but instead must be based on a good faith H1B extension application. The reconsideration level is after you have initially been denied and you file an appeal asking them to reconsider your claim. what are the chance of me getting a H1B visa Arun Vakil answers, Depends on your skill, but graduation is desirable. Even if you suffer from a disabling condition that prevents you from working, you will most likely be denied disability benefits when you first apply. 2009 successfully even if her employer has appealed the denial and hasn't got any. Applied for H1B extension thru emplyer A. Chances of H1B Approval after AAO Appeal. Murthy Law Firm Obtains H-4 and I-485 Approvals. Your denial notice will let you know where to appeal. Reader question: "I'm hoping you can settle an argument for me. According to a new analysis by the National Foundation for American Policy (NFAP), the Denial rates for H1B petitions have skyrocketed to 24% through the third quarter of FY 2019. This is a tough one. Is there anything else we can do or apply for? He is inadmissible until 2026 it says and has a drug felony. H1B RFE Response Time in 2019. Click here H1b Topics. Visa stamp for consular processing. Many of you may be curious to know, how that may look like and the wording that USCIS uses for the same. My company is planning to initiate Canada ICT visa as there is a travel restrictions to my home country. Hiring a Social Security Disability attorney can significantly increase your chances of receiving a favorable decision during the disability appeal process. I started working on my project got 3 paychecks. Am I correct? Now I am eligible to work for both the companies. However, just like every other visa classification, not everyone who applies gets approved. This has previously been an … Continue reading "H1B Visa Extension Rule Changes Mean. After a month of waiting I was denied by the underwriter for an FHA loan. Has anyone got H1B RFE recently this year and was it approved yet? How much is the processing time and is it likely be denied this year given the restrictions? I work for FTE and yesterday got RFE. Before I could get this approval notice in hand, I found another job thru employer B and applied for H1B transfer using the old H1B petition which had expiry date as 30-Jun-2008. Getting your H-1B transfer denied can be problematic, so keep reading to learn the common resons behind denial. All reimbursement requests made after this timeframe require approval by the College President or designee and from the funding entity if professional growth funds are used. By now, we all are aware of US Government tightening the noose around the rules of the H-1B visa. 2 An intimate partner can be:. If you are applying for H1B Visa 2020 Cap seasons, you have first get selected in the lottery, then get H1B Visa approval. Some of the H1B petitions are denied by USCIS, it could be for a variety of reasons. 1-129 H1B AC21 Denial STANDARDS petition is not an amended petition. Background: low credit score (averages 610). an approval or denial of the alien non-worker H1B petition before the alien worker leaves his or her current employment to start working for the new. Click here H1b Topics. A list of. "Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019 for new H-1B petitions for initial employment," according to a. , you are not qualified or there are questions about the genuineness of the job opportunity and/or the employer, the file will be returned to USCIS for revocation of the H1B approval. If USCIS determines that you lied, the green card application denial will adversely affect the intending immigrant’s future attempts to immigrate to the United States. United States Citizenship and Immigration Services has, many times, denied the approval of applications filed by a new employer on various grounds, thus making it difficult for current H-1B visa. I'm confused. I am not sure what this attorney you had consulted with meant but you are NOT going to get an extension of stay approved most likely. (2 days ago) Current h1b processing time 2020, estimated approval. 01) which are closed by the Fiscal Office, even if the employee is. What are my options? I don't yet know the reason for the rejection. Your wife can get her H4 stamped in June even if her H-1B petition is approved with start date of October 2007, since the visa approval is yet to become valid. If United States Citizenship and Immigration Services (USCIS) doubts the legitimacy of your marriage or the validity of your I-130 visa petition it may, before making any final decision, issue you a Notice of Intent to Deny (NOID). You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. The TN regulations state that if a TN visa worker must depart the U. Advance Reports. More specifically, getting a case at a hearing in front of an administrative law judge (ALJ) is where a claimant will have their best opportunity at winning disability benefits. Now I have two H1Bs after transfer, literally. Tata Consultancy Services was ranked 3 among all visa sponsors. But denial rates have more than doubled since 2016. Things to remember when reacting to a denied Form I-140 -. It’s no secret that CIS approval trends, especially with regards to the much sought-after H1B visa, change from year to year. PERM Approval and new H1B visa Posted: 21 Jul 2010 Hi, I am in L1B visa and I filed for an extension in Nov 2009 and got it approved by Jan 2010. Recently, we found out that my husband's company appplied for his H1-B extension(In jan2003), but did not apply for my H4 extension. A transfer requires U. How to Apply Canada PR Visa from USA on H1b ? Unlike the US, where you can wait for decades and still not have your Permanent Residence approved, Canada offers immigrants the chance ofgetting a PR visa even before they set foot on Canadian soil. For the same reason, don't overstay your Visa period and then expect USCIS to take you back with open arms. so will it be a problem if i apply in july or in Aug. On March 1, 2020, USCIS will begin accepting registrations of H1B petitions subject to the Fiscal Year 2021 cap. If you have already applied for an H-1B Visa on behalf of a foreign worker, you can check the status of the application by checking with the USCIS website. H1B Extension, I94 Expired, H1B Denied, H1B transfer before H1B extension denied after I94 extension. View Pathways eb-5's latest news on PRLog, with news from 330,000 organizations. With an approved waiver of inadmissibility, the immigrant can go forward with an application for an immigrant visa or green card. It just expedites the processing. 2 An intimate partner can be:. Further, 86% of those who appeal their denials and seek. Please note that 216 LCA for H1B Visa and 18 LC for green card have been denied or withdrawn during the same period. A body shop company filed for my H1b petition based on my client assignment , but unfortunately after few days my client assignment got ended due to project funding issues. Citizenship and Immigration Services (USCIS) is suspending all H1b premium preparing beginning April 3, 2017. By that time, my English was pretty bad, so I didn't understand the implications of getting marked and signed in my DS160 form: "No subject to the 2 years rule" and getting in my visa stamped with the. I'm confused. H1B denial - failed to maintain status I have filed my H1B extension in a timely manner but to a wrong service center and by the time it came back to my HR, it was already after my H1B has expired. Scenario 1 : Need Visa Stamping with I-797B (Consular processing with I-94 expired & Expired US Visa) - CHECK BELOW, THIS PAGE HAS 3 CASES WITH MORE DETAILED TIMELINE INFORMATION You might have got I-797B through Consular processing, (either after as H1B extension or transfer denial & later approved ). After approval of an H-1B change of employer petition you. In addition, if the H1B worker leaves the U. August 26, 2019 After H1b Visa Approval What S Next Process Stamping Chances Of H1b Approval After Lottery Denial Rfe Steps Am22 Tech Here S Next Steps After H1b Visa Approval By Uscis Cos To Stamping. H1B visa approval rates increase slightly While L1A and L1B visa rejections rates have increased, approval rates for the coveted US H1B visa have risen, albeit only slightly. Your wife can get her H4 stamped in June even if her H-1B petition is approved with start date of October 2007, since the visa approval is yet to become valid. Hello, I filed for H1B Extension before my I-94 expiration date, but my case was denied after my I-94 is expired. Q1) As we are filing for Appeal or MTR with in. Green Card Calculator: You can use GC calculator to estimate when your priority date may become current. My h1 transfer denied on Jan 5 after specialty occupation RFE. Please note that 216 LCA for H1B Visa and 18 LC for green card have been denied or withdrawn during the same period. How to Get Approved to Open a Chick-fil-A. , some next steps are possible. If the transfer to another employer gets. However, BIO's current experience is that that STEM applications submitted after the end of the OPT EAD, but during the Cap-Gap period carry a very high risk of denial. My Employer filed for an H1B visa for me, which got denied as well. Occasionally, USCIS requires the applicants (company or individual) to provide additional information and supplement materials before approving their H1B visa — This is what is known as the RFE (Request for Evidence). Expense reports must be completed for every travel authorization, with the exception of Penny Travel ($. I had got a new receipt number WAC***** after I applied for motion for the denial which i received on answering my RFE on H1B. Thus, the Form I-129 is denied because you did not remit the required filing fees. I paid $3000 for H1 filing and attorney fees and company A gave me the H1 approval notice only after I signed an agreement that I would work for atleast one year with them. There is no reason why mortgage denied after pre-approval. Based on the legal consequences of a denial of the new petition, it is important that the alien worker and his prospective employer obtain adequate legal advice regarding the probabilities of. The good news going forward is that USCIS no longer should deny H-1B petitions solely because the employee will work at a client location. The reason for my stay is we are close to delivery date in month of April and as result we could not able to leave country as per doctor advice since she is already in 8th month. Grace period will be from denail date or from the last date of H1 Request help I have valid F1 visa untill 2019 so. Qualifying for a residential mortgage loan today is different than it was a few years ago. Table A: I-140 E-11 Approval/Denial by Fiscal Year 2005 to 2010. The MTR filing requires Form I-290B together with fee and should be ideally accompanied by a legal brief. what is H1B visa The H1B visa is an employment-based, non-immigrant visa category for temporary workers. More refusal. Indian cos bear brunt of H1B visa denial, shows study. This webinar will fill up fast. i want to transfer (not the right term to use) my H1B to the new company. The type of petition filed with the United States Citizenship and Immigration Services (USCIS) will depend on the previous immigration status of the foreign spouse, if applicable. Hi everyone, with so many h1b transfer denials/rfes, I wanted to ask if anyone had experience having a second filing for a transfer approved. Do you think there is any possibility for approval, as all documents remain the same. Substantial increase in denial of H1B petitions, says report Data analysed over the years show USCIS adjudicators deny more applications and issue a higher rate of Requests for Evidence for Indians on both H-1B and L-1 petitions. One of our readers,. Depending on your state, the rate of denial will be about 80 percent, but it can go as high as 90 percent. The nunc pro tunc case reflected the previous efforts to address the status problem. Denial and Approval: My visa got denied after 3 months with the reason "your employer was not able to provide sufficient documentation". This can rule out your chances of rejection to a large extent. H1B denial - failed to maintain status I have filed my H1B extension in a timely manner but to a wrong service center and by the time it came back to my HR, it was already after my H1B has expired. AOS applications filed prior to that date may still be called for interview on a case-by-case basis following previous procedures. Hi All, My H1B extension got Denied on 28th Aug 2018 and I had to relocate to India. So going with OnlineVisas is a way to maximize your chances of success!. After selection in the H-1B lottery, a petition must then be reviewed and approved by USCIS. 1 20 CFR 656. We argued that the first. With all of its advantages, it’s no wonder why the L-1 visa is such a popular way to work in the U. A domestic violence charge impacts immigration status. Luckily, my vendor B filed a petition for me in that time and I was able to go for another visa interview with the new petition and got it approved. However, he must not begin work. Unfortunately, one of our reader got. If USCIS determines that you lied, the green card application denial will adversely affect the intending immigrant’s future attempts to immigrate to the United States. Thanks!! Final NIV Date. I work for a consulting firm A, have vendor B who is associated with Accenture that works for Client C. Beneficiaries of successful FY 2021 H1B petitions will be eligible to start working in the U. Indian cos bear brunt of H1B visa denial, shows study. It just expedites the processing. petition, I do not know. Have you heard any positive update on hnsc petitions filed with same project. Do you think there is any possibility for approval, as all documents remain the same. If you happen to be working as a consultant, then high chances for RFE & Denial. I did the border crossing and got my I 94. for H1B Visa during last five years and denials by the Department of Labor. So going with OnlineVisas is a way to maximize your chances of success!. H1B RFE Response Time in 2019. Before I could get this approval notice in hand, I found another job thru employer B and applied for H1B transfer using the old H1B petition which had expiry date as 30-Jun-2008. Cross-check all the documents; Documents play a vital role in getting an H1B visa. You can continue working without any problem. The overall approval rate for H-1B applicants was 75% in the first quarter of 2019, compared with 96% in the first quarter of 2015. Getting a green card through marriage to a U. AOS applications filed prior to that date may still be called for interview on a case-by-case basis following previous procedures. The Service's assertions were conclusory, not supported by the facts of the case, and were plainly erroneous. Now my I 130 is in progress and my employer is going to file another H1B by next week. The previously proposed electronic H-1B visa registration system will officially be implemented in 2020. The RFE and approval rates generally can be seen here, while the new data on the denial and approval rates for the biggest 30 H-1B users is here. You can change jobs after this but if you don't want to take this path you can still find a new employer before end of march and apply for H1B to get a 3-Year H1B. but why are you so sure your 140 will be denied. Chances of approval and general processing time for Motion to reopen/reconsider this year? I came to US on an L1B visa in 2010, early this year my L1B extn was denied. Top Exempt New H1B. I reviewed the H1B transfer application and the job description seemed similar enough to my H1B application that was successful last year. The denial rate for H1B petition seeking new employment has increased from 15% to 32% and for continuing employment from 6% to 18%. I have to file my extension in sept-2009. Am currently awaiting for the official denial notice to get the details. I don't want to feel "my home" when I am 68 and after my kids are out on their own. 2045) now has rules that enable valid H1B visa holders to change jobs upon the filing of a new petition by the new employer as long as the individual is in lawful status at the time of filing and has not engaged in any unauthorized employment since his or her last lawful admission. If you do not receive your denial notice by February 7, 2017, is there any chance of getting approval after denied , this is the first time i have applied , can anyone have the same situation H1B case was denied yesterday ,after RFE,. Hi My h1b extention got denied couple of months back and i got back to India. This can last up to a half year. 4) What are the options to get her back on H4. They need to enter the receipt numbers of Form I-130 and Form I-765, if they have filed for employment authorization while filing Form I-485. Top Exempt New H1B. Has anyone got H1B RFE recently this year and was it approved yet? How much is the processing time and is it likely be denied this year given the restrictions? I work for FTE and yesterday got RFE. Am I correct? Now I am eligible to work for both the companies. H1b revoked during transfer H1b revoked during transfer. In the 2019 fiscal year, the GOH1B team predicts that the probability of receiving an RFE for your H1B application is 51%. Your decision will tell you how long you have to file the appeal. Thus, make sure that all your documents are complete, up to date, duly signed wherever required and have complete details of addresses and the like. After I got the new receipt number within 10 days my USCIS Case status changed to “Appeal Was Approved”“The appellate authority approved your appeal and mailed you a decision. Almost 30% H-1B applications filed by IT consulting companies like Cognizant, Capgemini are denied by USCIS as per last year’s data. So going with OnlineVisas is a way to maximize your chances of success!. Chances of approval and general processing time for Motion to reopen/reconsider this year? I came to US on an L1B visa in 2010, early this year my L1B extn was denied. The H1B visa is a non-immigrant visa that allows foreign workers with specialisation to work in American companies. Can I submit the new h1b even on 5th Feb I am very tense as with wife and kid here. The I290B (MTR or Appeal) is a very long process, which may take up to 2 years. This BLOG On Reasons Why Mortgage Denied After Pre-Approval By Underwriters Was UPDATED On April 17th, 2019. If your application for H1B transfer is approved, you can continue with your job. "Denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 32% in the first quarter of FY 2019 for new H-1B petitions for initial employment," according to a. So I think I should write H1B and not AOS. Two of the most common H1B denial reason is Employer Employee Relationship Clause and H1B Speciality Occupation Services. After a month of waiting I was denied by the underwriter for an FHA loan. If you have been denied Social Security Disability benefits during the initial application stage of the application process, you should seek out help prior to filing an appeal. USCIS will send u an RFE and also in worst NOID - Notice of Intent of Denial so that gives you enough room to decide on what should be done so that I140 wont be rejected. H1b denied Can I Reapply Again ? Yes, you can reapply but you need to leave the country immediately. after the I-140 denial, it is extremely important that an H-1B holder maintains H-1B nonimmigrant status rather than sitting on EAD status. H1B Visa transfer Denial and approval scenarios. There is no extension to this deadline. If your company is extending an offer to a current H1B visa holder, contact us today to learn more about how we can help smooth the process and improve your chances of a successful outcome. Donald Trump's H1B Visa policies have made the security of a future for Indians in US look bleak. USCIS is pushing back a lot on things they used to not push back on. Immigration lawyers call the policy change, which kicks in today, another brick in Trump. Can I begin work for the new employer after the filing but before the approval? A: You cannot begin working for a new employer until your application is approved. With all of its advantages, it’s no wonder why the L-1 visa is such a popular way to work in the U. H1B extension RFE after i94 expiry. My company is going to file my h1 again (hnsc) for same project with a new role. Getting a green card through marriage to a U. Thankfully, close to 100% of our fiance visa cases were approved in 2018 and 2019. Can I predict my odds of being approved and how long my case will take? Actually, you can. In the previous 2018 H-1B period, OnlineVisas has had zero denials (and just one RFE - request for evidence) across all our H-1B petitions that passed the lottery stage. ) If you would like more information about the approval rates in 2018 and 2019 please read our blog article on that subject. © 2020 Fortune Media IP Limited. I am refiling transfer from another employer with the same H1b refile after denial tracker and experience. Am a bit unclear about an option, I have been reading on the internet. Any idea? 3 comments. If your company is extending an offer to a current H1B visa holder, contact us today to learn more about how we can help smooth the process and improve your chances of a successful outcome. TO HELP IMPROVE YOUR CHANCES OF H-1B LOTTERY SELECTION AND APPROVALS, We're offering you a FREE FY 2018 H-1B Cap Filing Plan Consultation. 1) What is her current status H1B or H4? 2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid. Once filed, USCIS guarantees an answer, whether it be an approval, request for additional evidence, or denial, within two weeks. Scenario 1 : Need Visa Stamping with I-797B (Consular processing with I-94 expired & Expired US Visa) - CHECK BELOW, THIS PAGE HAS 3 CASES WITH MORE DETAILED TIMELINE INFORMATION You might have got I-797B through Consular processing, (either after as H1B extension or transfer denial & later approved ). Shortly after Donald Trump signed the 'Buy American, Hire American' presidential executive order on April 18, 2018, United States Citizenship and Immigration Services (USCIS) began to increase the number of Requests for Evidence (RFEs) and denials for H1B visa petitions, according to new evidence released by the National Foundation for American Policy (NFAP). Unlike the H1B visa or L-1 Visa, there is technically no maximum period that an individual can be in O-1 status. Your denial notice will let you know where to appeal. If you have located a sponsor for an H1B visa and they have a position that seems to match your skills and education, then you still have to go through the approval process for the petition.