How long can I stay in the country after OPT is denied ? Graduated in Nov2012 . Employer filing for H1B in April once it opens

Asked over 1 year ago - New York, NY

Graduated in Nov . Sent OPT . , OPT decision came back ( Feb ) denied , it's been 180 days since graduation in Nov , am I gaining unlawful presence ? . But employer is filing H1B in April . How long can I stay in the US ? I know I have to leave the country to get my H1B visa stamped and come back in , but I will want to do that closer to October to reenter - but right now , how long can I stay without gaining unlawful presence since I am over 180 days out of graduation .

Attorney answers (3)

  1. Alexander Joseph Segal

    Contributor Level 20

    2

    Lawyers agree

    1

    Answered . Pendency ofr a change of status adjudication shields you from accumulating illegal presence. Now you do, though. You wait long enough, and you will need a non immigrant waiver to come back to the USA on your H1B visa.

    www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell:... more
  2. J Charles Ferrari

    Contributor Level 20

    2

    Lawyers agree

    Answered . You need to leave the US ASAP.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  3. Akanksha Kalra

    Contributor Level 14

    Answered . If you have been out of status since Nov.2012, you should leave the U.S. as soon as possible. If your prospective employer files an H-1B on your behalf and it is approved, you will have to apply for an H-1B visa stamp at a US consulate abroad.

    Disclaimer: The information provided here is generalized and should not be relied upon as legal advice. This... more

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