H1B amendment Extn Question - Leave Country

Hi ,

My scenario is :
At present, my Visa is expired and the date of expiration was April 2019. I had an amendment petition pending with California for location change from location A to location B which was initiated last year Apr 2018 when i arrived to USA. I haven’t got any response until Visa expiry date and until now from USCIS for that.

So my company had filed an extension for me before my Visa expiry date and i got an RFE for the extension from Nebraska saying to get the previous pending amendment petition cleared out in order to process the extension request. So my company has upgraded the amendment petition to premium to know the status. Unfortunately i just got to know that the amendment got denied yesterday. I am not sure on the denial reason yet.

So just wanted to check on the options that i have now ? do i have to leave the country immediately?

It all depends on what petition you were working on either the first one or using the pending amendment petition. If you were working based on Amendment petition, then you need to talk to your attorney and exit if needed. You were in Period of Authorized Stay and NOT out of status until the denial date…Read Period of Authorized Stay vs Out of Status

Your situation is tricky, I would suggest you speak to your attorney and then take decision.

Thanks a lot @Kumar for reponding to my query.

My company legal team suggested me to stay in my current location until the extension gets adjudicated by USCIS. They said that they have filed the extension with my current location details and so i am authorized to stay at location B .

I am just curious now if there is any chance for my extension approval since my amendment is already rejected.

They will looked independently, do not worry. Your attorney knows your case best…


My case was approved. I just checked the status online in USCIS. Thanks a lot for your support.

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Cheers ! Happy to hear !