Houston, TX asked in Immigration Law for Georgia

Q: My H1 B extension has been denied. What are my options, given I have a 2-month (baby born here).

My H1 B extension has been denied. I still have work time until Feb 2019 for my6 year H1B.I am from I just delivered my baby in oct here and going back to India again would need visa for him without which he cannot leave the country.What are my options now?

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1 Lawyer Answer
Roger Carl Algase
Roger Carl Algase
  • Immigration Law Lawyer
  • New York, NY

A: The most important action you can take is to consult with an experienced H-1B lawyer and find out whether there was a good reason to deny the H-1B petition. Many denials, like RFE's, are nothing more than mistakes due to careless reading of the documents or lack of knowledge of the H-1B rules by a less than fully qualified, or even a biased, immigration examiner. If you have a strong H-1B case that was mistakenly denied, your employer might want to consider filing a new H-1B extension for you, appealing from the denial of this one, or both. I have been handling H-1B cases for more than 25 years and would be glad to take a look at your denial decision and see if you have any recourse. My phone number is (212) 724-5643 and my email is algaselex@gmail.com if you would like to contact me.

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