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Am I Unlawly Present in US or do I have time for 30 days to go Out-Of-Status & consider to be Unlawfully Present?

Farmington, MI |

My H1B with company A became effective for the 1st time from CAP-GAP on Oct 1st ,initiated a transfer to Company B. H1b transfer got denied on NOV 30th and there is 30 days to make an appeal for the denial case. Company C is going to file new H1B through consular processing. Considering Company A revoked my H1B , I should be out-of-status.

Attorney Answers 4


  1. Yes you are out of status - there is no grace period except ten days at the
    end of an H if you stayed until the end.

    FFA-#4
    Lynne R. Feldman, Attorney at Law
    Concentrating in Immigration and Nationality Law
    2221 Camino Del Rio South, Suite 201
    San Diego, CA 92108
    phone: (619) 299-9600, facsimile: (619) 923-3277
    email: lynne@feldmanfeldman.com
    website: www.immigrateme.com

    Formerly Adjunct Professor -- Immigration law
    University of Illinois College of Law


  2. You are out of status and have been accruing unlawful presence since the date of the H-1B denial.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  3. Had you remained to work for Co. A, you would have still been considered in valid H-1B status, irregardless of the denial of Co. B's petition on your behalf.

    But I suspect you started working for Co. B as soon as the USCIS filing receipt arrived. Consequently, you are now deemed to have been out of status as of November 30, the date of the denial of Co. B's petition, and have been accruing "unlawful presence" ever since that date.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  4. As stated from others, considering your H-1B was revoked from company, it can be assumed you went to work for B. You were out of status at the moment of denial and have to leave the U.S. You can contact my office if you need further clarification or help with the consular processing issue.

    Jason Peltz
    Law Offices of Jason E. Peltz
    28470 W. 13 Mile Rd., Ste. 300
    Farmington Hills, MI 48334
    (248) 357-7833

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