“An out-of-status scenario, for the H-1B visa holder and his or her dependents (such as spouse and children) would mean a three-to-ten-year bar from re-entering the country. The mechanism to redress an H-1B denial (including that of a transfer) is also highly inefficient,” said Rajiv S Khanna, managing attorney at Immigration.com.
“Typically, there is no grace period if the H-1B status has already expired by the time the denial intimation is received. If, however there is time remaining on the original H-1B approval with the old employer, the beneficiary will have a 60-day grace period or the time remaining on the original approval, whichever is shorter,” Khanna said.
According to Khanna, in case of denial, three choices are available. These are — refiling the denied case and hope for a better outcome the second time, filing an appeal or a lawsuit. The last two options are time consuming and often inadvisable.
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