Applied H1-B ext for recapture time (126 DAYS) on 07/26/13, I-94 & Passport H1-B, expires 09/04/13.
Got RFE , Submitted requested docs,got denial on 11/05/13.
1.From what date am I accruing unlawful presence,I-94 expiry or denial date.
2.Advice,file new H1-B application instead of MTR.
3.IF nothing works out plan to exit USA on 10 Feb 2014,
4.Will I be denied future visa application,because overstayed
5.Can I exit & reapply for new H1-B in 2015 and return,
6.While new application is being filed,should I be out the country or remain here till decision is made,
Whole house and family is here.
7.What is the 180 day over & under stay rule,
8.I have an attorney,but like to hear other suggestions from great legal brains.
1) if timely filed & no unauthorized employment, the answer is since the denial date
2) depends on the specifics of the case, not enough info to say
3) if out of status, you should not stay in the U.S. before consulting with an attorney
4) possibly, this is one of many factors
5) see 4
6) out of country, since you wouldn't be granted a change/extension in the U.S. if out of status
7) if over 180 days unlawful presence and then you depart, cannot reenter within 36 months without a waiver
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I understand your desire to here from other attorneys. However, you hired your current attorney for a reason. Attorneys are extremely wary of answering questions on Avvo when they know that you are represented by an attorney because they are concerned with being wrongfully accused of violating the Model Rules of Professional Conduct here in CO. The ethical rules prevent attorneys from soliciting clients who are already represented by an attorney. I understand that YOU are the one soliciting advice and not the attorneys. However, getting a letter from the Office of Attorney Regulation Counsel is about as much fun as getting a root canal and barium enema at the same time. So, you might find some huge reluctance in people responding to your question.
The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.
You have a laundry list of questions. See a lawyer.
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