What If I Get An H-1B Extension Denial?
If your extension petition is denied,
you will likely have a few choices available to you.
A. You can identify the issue that led to the denial of your petition and refile.
B. You can file a legal motion with the help of your attorney
C. You can petition for a different visa or green card
D. You can leave the country
Fortunately, the USCIS will likely give you the reason for your denial, though they will also note that no appeal can be made to a third party concerning the decision. For H1B Visa Process Visit UT Evaluators
1. Legal Motions
Filing a legal motion is a delicate process that should not be done without the help of a qualified attorney. There are two types of legal motions that can be filed in the event of an H-1B extension denial.
The first is a motion to reopen your case. This is put into effect usually when some new evidence comes up that, if viewed with your case, might change the negative decision. Therefore, you are requesting the evaluating officer to reopen the case and re-examine it with this new information.
The second motion is a motion to reconsider. This is something you would use if your attorney believes that the evaluating officer was wrong in his or her decision to deny your H-1B extension. However, your attorney must be able to present an argument that the extension should be approved from a strictly legal perspective.
2. Other Options
If your H-1B extension is denied, then you may want to consider applying for a different visa or green card that matches your qualification. H1B Visa Process Check here
For nonimmigrant visas, you have:
A. TN visas for professional workers from Canada and Mexico
B. J-1 visas for exchange visitors such as professors and medical students
C. O-1 visas for those with extraordinary ability
D. L-1 visas for the specialized employees, managers, and executives of multinational companies.
If you are interested in making your stay more permanent,
you can consider applying for a green card such as the:
A. EB-1 green card for those with extraordinary achievements, outstanding researchers and professors, as well as the managers and executives of multinational companies.
B. EB-2 for those with exceptional ability, those that have an advanced degree, and those that qualify for a National Interest Waiver.
C. EB-3 for professional workers (those with bachelor’s degrees), skilled workers (those with more than two years of relevant work experience), and other workers (those with fewer than two years of experience).Tags: H1B Visa