H1-B visa – query regarding Cap-Exempt and extension deniel

Subject –> H1-B visa – query regarding Cap-Exempt and extension deniel

Hi Saurabh/Friends,

I’m here in US for around 2 years on H1B Visa. After the Visa extension denial(after April 20-2016) from USCIS, please suggest what are the options to work here without leaving USA.
My i-94 expired on 30-Sep-2015. My Employer applied extension so I was able to stay for 240 days.

  1. Am I eligible and can I apply for Cap-Exempt now ?
  2. If yes, can my same Employer file ?
  3. If not, can I apply for new Job/new Employer.
  4. Do I need to leave USA now ? (How many days I can stay in in USA after H1-B visa denial this week ? Wanted to know so that I can decide to stay here or should I rush back to India.)
  5. If I resign from my current Employer,how long can I stay here and apply for the new Job/Employer.

Request you to please guide me.


You left out the most important thing. Why was your extension denied?

If your I-94 has expired and if you have no pending timely filed extension petition, then you should leave US ASAP.

Whatever action you want to take, you can continue from outside US. This includes finding new employer to file cap-exempt petition (aka H-1 transfer) or same employer filing another cap-exempt petition for you.

You should not stay in US anymore as you don’t have a valid I-94.

Thanks Jhon.

Sorry, but I tried to get the info, but Attorney did not give the answer.
So request you to please advice.