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Kendall Park, NJ |


My H1b visa extension got denied and my earlier visa got expired.

So how many days i can stay in US legally and if i want tog et the status , can i apply for new h1b visa / can i switch over to any another kind of visa.
Please let me know.

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Attorney answers 5


you need to leave immediately. you have now been out of status since your last h1b expired. any days out of status hurts your chances to get future visas and you absolutely cannot apply or change to another visa in the u.s. in order to do that you need to be in a valid visa status and you are not. so you need to leave.

Please be advised this answer is for informational purposes only and no attorney-client relationship has been formed. You should also see a local attorney for legal advise before acting on any of the statements given to you online as there may be aspects of your case that are not obvious by the question asked online.


Your are out status now and cannot extend your status or change status without leaving the U.S. and returning on a new visa. You have been accruing unlawful presence as of the denial and should leave the U.S. as soon as possible.

This response does not contitue and attorney client relationship and attorney does not assume any liability for aforementioned response to inquiry until such relationship is formally established.


You are out of status from the day your H1B was denied. The longer you are here out of status the more difficult any future visas will be to obtain.


My colleague is right.


I agree. You can go home, file a new H-1B petition and request premium processing to you can hopefully be able to return ASAP. I would also want to know why the H-1B petition was denied.

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

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

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