朋友的第一个H1申请pending很久后被拒了。学生期间的OPT去年结束的。
有三个问题：
1。身份是不是马上就有问题，
-yes.
还是有几天几星期的缓冲？
-No.
2。现在有什么选择？
-Depends. There are two types of denial in H-1 petition:
1. the entire H-1 petition is completely denied. This kind of denial normally is because the qualifications do not meet the H-1 requirement, such as the salary is lower than the prevail wage, the beneficial degree does not match the position requirement, etc. If your friend H-1 denial belong to this one, just talk to the employer/lawyer to make some adjustment and file a new H-1b petition (I assume the H-1 is non-cap H1). Then, your friend just leave US now and apply for the H-1 visa in China after the H-1 is approved;
2. The H-1 petition is approved, but the approval has no I-94 and that means the beneficial status application is denied. This kind of status denial normally is because the beneficial original status had gap. If your fiend belong to this one, just bring the H-1 approval notice to China to get the H-1 visa to come back.
Anyway, talk to the employer/lawyer and find a solution.
3。H1申请费会不会退回来?-No.
