Several years ago, the USCIS approved my H1B petition, which is still valid for a few more months. We recently filed an H1B extension for me to continue working in the same position. The USCIS denied my H1B extension, indicating that the position was not a specialty occupation. Can I continue working based on my previous petition until the I-94 expires?

Answer

If the original petition is still valid, then yes, you should be able to keep working pursuant to that petition. In the meantime, your employer may wish to challenge the H1B denial, and/or consider refiling the H1B extension, providing additional evidence to support the argument that it is a specialty occupation. Another option would be to file an H1B petition for you for a different position. (06.May.2019)

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