How long can I stay in the US after my H1B denial

Asked over 1 year ago - San Francisco, CA

My H1B petition and my i-94 got expired on December 17th 2012. I had applied for my H1B extension on 12th December 2012. I got a RFE on January 19th 2013. I replied to the RFE on March 18th 2013 and now I see that my H1B visa status is denied on 10th April 2013. My attorney is yet to receive the letter with the details for denial. How long can I stay in the US? What are the next steps that I need to take in this regard. Please advice.

Additional information

Can I work till I get the letter for denail?

Attorney answers (2)

  1. J Charles Ferrari

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Legally? Zero days. You have been out of status since December 17th and accruing unlawful presence since April 10th. Once you accumulate at least 180 days, you will trigger a bar from the US upon leaving. Additionally, the length of your overstay will be a factor in future visa applications.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  2. Anthony Emeka Nze Nwosu

    Contributor Level 11

    1

    Lawyer agrees

    Answered . 30 days from the date of the denial. However check to see if you were given the option to file an appeal.

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