Question: Why Are H1b Extensions Getting Rejected?

How many h1b extensions are allowed?

American Competitiveness in the 21st Century Act of 2000 (AC21) and the 21st Century Department of Justice Appropriations Act of 2001 (DOJ Act) allow an H1B employer to file incremental one-year H1B extensions annually after the completion of six years on H1B status..

Can we challenge h1b denial?

The formal appeal of an H1B visa petition is made to the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). Your denial notice will tell you where to file the appeal. You should file your appeal within 30 days of the original decision, so don’t wait too long to act.

Is h1b extension getting rejected?

Another reason why an H1B extension could be denied is that the employment offered doesn’t have a “specialty occupation” qualification. The employer has to prove that they have a bachelor’s degree or higher or at least is equivalent to the minimum particular position requirement.

What is the 240 day rule?

In short, the 240-day rule permits certain nonimmigrant work visa holders to continue working in the United States after the expiration of the authorized period of stay so long as a timely filed extension of stay petition was filed on their behalf but is still pending.

What is the current h1b extension approval rate?

USCIS H-1B approvals up modestly, as RFEs increased In the second quarter of FY 2020, the H-1B approval rate was 87.1%, up almost 4% from the same period in FY 2019. Approval rates remain well below FY 2015’s overall H-1B approval rate of 95.7%.

How many days we can stay in US after h1b Extension Denied?

240 daysIf your H1B petition gets denied after 240 days, essentially your period of authorized stay ends on the day your denial decision was done and you are notified by USCIS on the same. You are essentially out of status and will accrue unlawful presence from the day of your denial.

What happens if my visa extension is denied?

If the extension is denied, the applicant will be normally given a period of 30 days to leave the U.S. voluntarily. The most common reason for denial is that USCIS feels that the applicant is merely trying to prolong his/her U.S. stay indefinitely.

Can I stay in the US while h1b is pending?

If on the day your H1B application is filed you are: 1) still in the US, 2) still within your grace period, and 3) your employer requests a change of status for you (as opposed to consular processing), then you can likely stay in the US while your application is pending.

How long does it take for h1b extension approval?

It depends, the sooner the better. Ideally, USCIS takes anywhere from few weeks to few months months for processing the H1B visa petitions. If you are not applying for premium processing, you should apply at least 3 months before your H1B is expiring. It gives enough time for USCIS to process the application.

Can I travel abroad while h1b extension is pending?

You can travel outside the USA during pending H1B extension. Make sure you have an existing H1B visa that is valid on the date of your re-entry to avoid trouble. If your current H1B visa has already expired and you travel, you will NOT be able to enter the USA until your pending H1B extension is approved.

What are the reasons for h1b extension rejection?

Some of the common reasons for denials that affect both the petitioner (employer) and the beneficiary (employee) are as follows:The Petitioner’s (U.S. Employer) Requirements. … The Employee’s Lack of Specialized Knowledge. … Insufficient Proof of Employer/Employee Relationship. … Insufficient Fees Filed.More items…•

What is the normal processing time for h1b extension?

H1B regular application processing time is 3 months to 1 year for approvals. H1B premium processing is getting approval within 1 to 15 days of filing. Applying H1B in premium does not increase your chances of H1B RFE or denial. The average USCIS RFE response review processing time is 90 days.

Is there any second lottery for h1b visa?

USCIS today began notifying employers and their immigration counsel of the results of a second selection lottery for the FY 2021 H-1B cap. Employers whose H-1B registrations are selected in the second drawing will have from August 17 to November 16, 2020, to submit their petitions.

What happens if h1b extension gets rejected?

If H1B extension is rejected when you’re outside the U.S., your employer can start over and file a second I-129 petition on your behalf. … If USCIS denies the I-129, the employer can file a second I-129 petition on your behalf, and correct any flaws that USCIS found in the first petition.