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

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 .

New York, NY -

Attorney Answers (3)

Alexander Joseph Segal

Alexander Joseph Segal

Immigration Attorney - New York, NY
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.

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J Charles Ferrari

J Charles Ferrari

Immigration Attorney - Los Angeles, CA
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
Akanksha Kalra

Akanksha Kalra

Immigration Attorney - Lansdale, PA
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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