H1b Visa Extension Transfer Rejection Reason And Denial Rate

H1b visa extension transfer rejection reason and denial rate

H1b visa extension rejection have been significantly increased recently during Trump administration. Back in 2013/14 when I came to USA. H1b extension rejection was almost zero. I had never heard of this at that time.

H1b Visa Extension Transfer Rejection Reasons

There could be many reasons behind the H1b extension rejection.

1. Low pay. I have heard so many cases where H1b visa extension was rejected because of low pay. Anyway nowadays most of the clients ask their vendor to pay some minimum amounts.

2. Company reputation in the past. This plays an important role in your H1b case. USCIS has record for all the companies. If your employer have bad impression and USCIS finds anything wrong then chances of H1b transfer or extension rejection will be high.

3. Not properly managed status. Suppose you were unemployed for one month and you didn’t get salary for that month. This may affect your case negatively.

4. Improper documents. Your attorney should take care of all the documents while filling your H1b case. There should be zero error in your application and documents.

5. No client letter and contract. Theses days client letter and employer to client contracts are very important. If you miss these things in your application then you should worry about the results. Have at least some documents.

6. Client. Client is very important. If your client is from one of the big daddies then chances of rejection would be almost zero.

H1b visa extension rejection rates

The H1b denial rates have anyway increased in the recent times. But if you take care of all five points above it will be ok. Nobody can exactly tell the rejection rate. It may be 2 to 3 percent. I am in contact of may be more than 100 people and I heard once in a month that someone got H1b rejection.

There are so many online website which says around 25% rejection rate. That is really bad assumption. They might be sitting in somewhere else and writing based on rumors. H1b rejection and H1b RFE are two different things. All RFE doesn’t convert to rejection.

For me as an H1b employee working here for more than six years. Even 3% rejection rates looks to much.

H1b denied Can I Reapply Again ?

Yes, you can reapply but you need to leave the country immediately.

Can You Appeal H1b Denial ?

Yes, you can appeal if your H1b gets denied. Your denial notice will let you know where to appeal. You should file your appeal within 30 days of rejection. You have to file appeal to USCIS administrative appeal office (AAO) or Board of Immigration appeal (BIA).

What Happens If My H1b Transfer Rejected ?

If your previous H1b is not valid then you have to leave the country immediately as you cannot move back to original company.

To read more about h1b related issues. Click here H1b Topics.

External source USCIS.

How many days you can stay after H1b denial ?

It will be written on your H1b denial notice. But mostly it is one or two weeks. But remember you can not work after your rejection date.

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