Immigration Lawyer Ari Sauer – The Immigration Answer Man

Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.

My H-1B extension of status has been denied. Can I still leave the U.S. and reenter on a new H-1B visa?

By Ari Sauer, immigration lawyer with the Memphis, Tennessee office of the Siskind Susser Law Firm.

QUESTION- I have been working in the US in H-1B status for three years. Shortly after I came to the U.S. my company transferred me to a different location, but never filed an amendment to my H-1B. Last year my company filed an extension of my H-1B petition, but due to the fact that I had been working in a different location, my Extension of Status was denied. My company has filed an appeal of the denial to the Administrative Appeals Office, but I am not hopeful about the chances of the denial being overturned. My company has filed an I-140 petition for me, but I have not filed an I-485 application for adjustment of status as a visa is not yet available for my petition. What are my options?

ANSWER- Your biggest concern is that you have begun to accrue unlawful presence [INA Section 212(a)(9)(B)] as of the date that your extension of status was denied. The fact that the denial has been appealed does not stop unlawful presence from accruing. If you remain in the U.S. more than 180 days from the date of your denial you will be limiting your options.

However, if you leave the U.S. before then, you can have your company file a new H-1B petition for you and you can apply for a new H-1B visa. Your past violation should not bar you from being able to receive a new H-1B visa, since there was no fraud, but only an oversight on the part of your company. For an additional premium processing fee of $1,225 in addition to the standard filing filing fee, your company can premium process the petition, so that it will only take a few weeks to have the new petition approved.

Of course this is all based on the small amount of information provided. So you should consult with an experienced immigration lawyer as soon as possible.

  • You can call 901-507-4270 to schedule an appointment with me to discuss your visa application.

By Ari Sauer

Submit questions to The Immigration Answer Man by emailing your question to immigrationanswerman@gmail.com. Questions submitted by email will be posted without personal information unless specifically requested. Due to the volume of questions received, not all questions submitted will be answered. Only general questions can be answered on this blog. For answers to specific questions about your situation, please schedule a consultation appointment with attorney Ari Sauer. Sending in a question by email or any other means does not create an attorney-client relationship.

* This is an advertisement. Ari Sauer is an attorney with the Siskind Susser law firm. www.visalaw.com/ari.html. On this blog we answer questions as a service to our readers, but we cannot assume any liability related to reliance on anything herein, and responses to questions are not intended to establish an attorney-client relationship. Immigration laws and regulations are constantly changing and the rules stated may not apply to your situation. Readers are cautioned to schedule a consultation with an immigration lawyer before acting on anything stated in this blog. This blog is not intended to substitute for a consultation with a qualified immigration law attorney. Ari Sauer is licensed to practice law through the states of Tennessee, New York and New Jersey but is eligible to assist clients from throughout the US. Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. Siskind Susser limits its practice strictly to immigration law, a Federal practice area, and we do not claim expertise in the laws of states other than where our attorneys are licensed. the opinions expressed here are those of Ari Sauer and do not necessarily reflect the opinions of Siskind Susser.

I welcome your comments or questions!

Information

This entry was posted on February 11, 2014 by in H-1B, H1B, Inadmissibility, Nonimmigrant Visas, Unlawful Presence - 212(a)(9) and tagged , , .

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