H1B Extention denied and I-94 expired.


My H1B extension(was in Premimum Process) got denied on 10-Oct-2016 for Client letter, and my I-94 and previous H1B was valid till Sep-20-2016.

My Employer is planning file a new Petition as a first step and then file MTR after couple of weeks (before the deadline as it takes time) along with the new Client letter .

Can anyone describe more of what could be my next steps.

  1. Am I allowed to stay in USA while new petition and MTR is in progress? If yes how long I can stay?

  2. If I have to move out of USA, how much time I have to wrap up?

  3. If my new petition gets approved (applying in Premium Process), do I have to care about MTR?

  4. On approval of new petition can I switch my employer?

Thanks in advance.

  1. You don’t have valid status to stay inside US. You should leave US ASAP.

  2. ASAP. One to two weeks is still ok. If asked in future, you can say that it took sometime to wrap up things, sell stuff etc

  3. No need to worry about MTR in this

  4. Yes

As the I-94 has expired, your petition should be filed as consular processing and you should go for H-1 stamping (as you will have to leave US). Didn’t your attorney inform you that you don’t have a valid status to continue to stay in US?

Thanks Saurabh.

As another option.

Asking current and another employer to file new H1Bs in premium as USCIS site shows up to 30 days of stay. Hoping to get at least one approved and get the stamping done in Canada.

  1. Question is for my new (to be) employer do I need to mention about my previous Denial?

  2. Do they need my old receipt #s who are deined for filling new H1B.?

Can you point me where USCIS site says that 30 day grace period is allowed? Your I-94 has expired and you have no pending petition, and that puts you in illegal status. Filing MTR doesn’t grant one status to stay inside the country.

  1. You should as there would be a gap b/w I-94 expiration date and the filing date
  2. Yes, they would to show that you were in valid status at least until the time that petition was denied.


USCIS generally allows you 30 days to depart the U.S. starting from the date on the letter notifying you of their decision to deny an extension.

Thanks for the link. So you can stay for up to 30 days, but may still be questioned at the consulate or PoE as records would show that you overstayed beyond rejection date.


Yes. I agree. I am planning to move out of US at the earliest.