First of all, you will want to determine whether your H-1B extension was denied or if it was rejected. Even though they seem like synonyms, in immigration law terminology, there is a crucial difference between these two terms.
The USCIS processes H-1B extension petitions (and all visa petitions) in two stages. During the first stage, an evaluating officer will make an initial inspection of your case to ensure that your petition is completely filled out and accurate, that your fees are correct and filed to the right places, and that you have the documents and supporting evidence required for an H-1B extension. Check for Employment Visa Process in UT Evaluators
If your petition packet is missing any of these elements, it will likely be rejected. If this happens, you will not receive a refund, but the best course of action is often to fix the error or omission and refile your petition with new fees.
For the second stage, an evaluating officer will take a close look at your petition and supporting documents to determine whether or not you and your employer are qualified for an H-1B extension. If not, then the officer is likely to deny your petition. Fixing this is not as simple as refiling, as your case will still not be considered qualified to merit the extension.
Extension Denial Reasons
If you are concerned that your H-1B visa extension will be denied, here are some common reasons why the USCIS evaluating officer might make such a decision for your case.
Specialty Position –
If you have changed jobs with your sponsoring employer since obtaining your H-1B, there is a possibility that the USCIS may not deem it a specialty position.
To avoid this, stay within the same position or line of work that you used to get your H-1B or consult with an immigration attorney to see if a new position will result in an extension denial down the road. For more information on H1B Visa visit Icadl2013
Employer-Employee Relationship –
The USCIS requires that the employer must be in complete control of the H-1B holder’s employment. The employer must have the ability to hire and fire the employee as well as control their salary, work location, and day-to-day activities.
This rule mostly affects those that are hired through staffing agencies and those that attempt to be sponsored by their own companies.
Visa Status –
Maintaining your visa status is crucial to avoiding extension denials. Committing crimes in the U.S. is grounds for deportation and certainly grounds for an H-1B extension denial. Also, working without authorization or dodging taxes can easily be reasons for the evaluating officer to deny your extension.