H1b Extension Denied on 8 April 2020 and I-94 expired on 31 December 2019

USA H1B Visa
1

I applied for an H1B extension in December 2019 and got denied on 8 April 2020.

Please suggest the possible options:

  1. I should leave the county ASAP but due to COVID-19, there is a travel ban on my county (India).
    What are the possible options I have?. Should I continue to stay until this situation gets cleared?

  2. Can I apply for a B1 visa …etc to stay here for some time due to the COVID situation as to keep status safe?

  3. Can I reinitiate H1B (consular petition) with a new client if I changed to B1 Visa?

  4. Can I reinitiate H1B (consular petition) with a new client without changing to any status in this
    COVID situation?

please suggest the possible options.

2
  1. You should apply for B2 COS and put in a letter stating the reason for this and why you cannot leave. You should try to leave as soon as you can.
  2. B2, yes. that’s the only thing you can do…You need some paperwork to be on file.
  3. You may, it should be fine.
  4. Yes, you may try. But dont go for Extension or COS.
    Talk to your H1B attorney and seek their guidance…
3

I am also in the same situation. My i94 was expired in August, 2019 and was in 240 day period. My H1b visa got denied on March 30, 2020 in USCIS portal. I applied to B2 COS on April 12th before my company receives denial notice.

But I came to know that we cannot apply to B2 COS after I94 is expired, please suggest will there be any issues if we apply to B2 COS after I94 is expired

4

@Kalyan_K,
Yes, you are right, in general, you cannot apply for it after I-94 expired. But, now with COVID-19 situation, there would be exceptions under special situations, if it is a bonafide request. USCIS has given guidance on this. Check

5

Hi, similar situation for me as well. Could you please suggest?

Background - was working in the US on H1B visa in 2019. My I-94 was valid until Apr 30, 2019. My employer applied for an H1B extension on Apr 22, 2019 so I continued working in the US. On Nov 14, 2019 USCIS denied my H1B extension petition. My lawyer received the decision notice a few days later and I immediately made plans to exit US. I finally left on Nov 25, 2019 (~11 days after my extension was denied).

Question - I’m now applying for F1 visa. In DS-160, how should I answer this question - " Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? (Yes/No)"