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 .
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.
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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 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.
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.
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