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My H1B Amendment has been denied, What are my next options ?

This legal question related to immigration law attorneys in Arizona & TempeArizona has been answered.

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Location: Arizona, Tempe  |  Law type: immigration law attorneys
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Greetings,

Recently my H1B Amendment has been denied. What are my next options? Does my initial h1b gets retained.My previous client from where my H1b got approved is offering my position. If I go back Do I need to do any paper work or notify USCIS. please let me know.  

Quick reply: H1B Amendment has been denied

Your status changes to 'out of status' as soon as your Amendment is denied (if you have already started working on the amended petition receipt). At that time, you can maintain the status by moving back to already approved petition. ... Filed for H1Bextension before the i94 expiry date. Source: truvisa.com.

How to find an excellent lawyer for your case? Browse our list of immigration law attorneys near you and resolve your issue! Compare attorney fees, experience, reputation among clients, and services offered. 

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Legal Solution

The response provided below is specific to immigration law attorneys in the jurisdiction of Arizona, Tempe. If the response is inadequate, please submit a detailed inquiry.

H1B Amendment Denial: Next Steps and Implications

Having your H1B Amendment denied can be stressful and leaves you with numerous concerns. Based on the information provided, it's essential to understand the implications of the denial and the possibilities available to you in terms of remediation and future employment opportunities.

Relevant Legal Provisions

  • The Immigration and Nationality Act (INA): This Act provides the basis for U.S. immigration law.
  • INA § 101(a)(15)(H): This section pertains to the H1B visa category.
  • 8 CFR § 214.2(h): This regulation provides details regarding H1B specialty occupation workers.
  • U.S. Citizenship and Immigration Services (USCIS) Homepage: The main portal for all things related to U.S. immigration.

Potential Solutions for H1B Amendment Denial

  1. Revert to Original H1B Petition: If your original H1B petition is still valid, and your previous client is offering a position, you may potentially revert to that petition. It would mean resuming the position and conditions for which your initial H1B was approved. It's crucial, however, to consult with a professional to ensure that reverting does not require any additional notifications or paperwork with the USCIS.
  2. Refile the Amendment: Depending on the reason for denial, you may be able to address the issues raised by USCIS and refile the amendment.
  3. Appeal the Decision: If you believe the decision was made in error, you can appeal. This, however, can be a long and complex process and may require the expertise of an immigration attorney.
  4. Change of Status: In some situations, changing to another visa type or seeking another form of legal status might be an option.
  5. Return to Home Country: If no other options are feasible, it may be necessary to leave the U.S. and return to your home country. You may then explore opportunities for re-entry under different conditions or with a different visa type.

For an in-depth exploration of your specific case and potential outcomes, it's crucial to find the right lawyer specializing in immigration law.

Average Attorney Fees in Arizona, Tempe

Service Average Cost
Initial Consultation $200 - $300
H1B Amendment Refiling $1,500 - $2,500
Appeal Process Representation $3,000 - $5,000
Change of Status Process $1,800 - $3,000

Prices can vary depending on the complexity of the case, experience of the lawyer, and specific circumstances.

Further Information Required

To provide the most accurate guidance and a detailed approach to your specific case, it would be beneficial to have more information about the reason for your amendment's denial.

Would you be interested in exploring solutions tailored to your individual situation? Your path forward might be clearer with expert guidance.

Essential Details for a Comprehensive Response:

  • What was the primary reason provided by USCIS for the denial of your H1B amendment?
  • How long is the remaining validity period of your original H1B visa?
  • Have you faced any previous immigration or visa-related issues or denials in the past?
  • What are the specific changes in employment or other conditions that necessitated the H1B amendment?
  • Are there any other immigration statuses or visas you're currently considering or have applied for?

Frequently Asked Questions

How long do I have to respond to an H1B amendment denial?

Once you receive a denial notice, you typically have a brief period (often 30 days) to respond, appeal, or take further action.

Does a denied amendment invalidate my original H1B visa?

Not necessarily. If your original H1B petition is still valid and unexpired, the denial of an amendment doesn't automatically invalidate it. However, any changes in employment or conditions that necessitated the amendment might make the original H1B non-compliant.

Can I change employers after an H1B amendment denial?

It depends on the specifics of the denial and the validity of your original H1B. If the original H1B is still valid, you might be able to change employers, but the new employer would need to file a new H1B petition on your behalf.

How can I avoid future H1B amendment denials?

Ensuring that all paperwork is meticulously filled out, providing all necessary supporting documents, and consulting with an immigration attorney can significantly reduce the chances of a denial.

Can I work while an appeal against the amendment denial is in progress?

Typically, if your original H1B is still valid, you can continue working under its conditions while an appeal is pending. However, if the original H1B has expired or is no longer valid due to changed employment conditions, you may not have the authorization to work.

Remember, while this information provides an overview, the best course of action would be to compare lawyers in your area and seek personalized advice.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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