An H1B denial is not the end of the road. Here is exactly what to do.
**Immediate actions (within 7 days):** Read the denial notice carefully — USCIS must explain the grounds for denial. Save all documents. Contact your immigration attorney immediately if you have one.
**Option 1: Motion to Reopen (MTR) or Motion to Reconsider (MTC)** File Form I-290B within 30 days of the denial date. MTR asks USCIS to reconsider based on new facts. MTC argues USCIS made a legal error. This is appropriate when: the denial relied on incorrect facts, USCIS ignored evidence you submitted, or there was a legal error in the decision.
**Option 2: File an Appeal with the Administrative Appeals Office (AAO)** Also uses Form I-290B. The AAO is a higher authority than the USCIS service center that denied your case. AAO appeals take 12–24 months typically. Not recommended if you need quick resolution.
**Option 3: Refile with a stronger petition** If the denial identified specific deficiencies, a new petition addressing those deficiencies is often the fastest path. Useful for specialty occupation RFEs/denials where you can add better evidence.
**Option 4: File a different visa type** If H1B was denied due to specialty occupation grounds, consider: O-1A (extraordinary ability — no specialty occupation requirement), TN (if Canadian/Mexican in qualifying profession), L-1 (if employer has overseas offices), E-3 (if Australian national).
**Maintaining status during appeal:** If you were on OPT or another status, those timelines continue independently. H1B denial does NOT automatically revoke your current status — you must maintain your underlying status or depart by its expiration.