My H1B extension has been denied on June 28 2018 and my employer has not received the legal denial notice yet. My I-94 was expired on Dec 31 2017
1. Can I stay in US till my employer receives the legal denial notice?
2. Can I leave the country without receiving the official denial notice?
3. My employer's internal immigration team says that I can continue work till I get the legal notice. Is it true?
4. Will my current stay affect my future visa processings if I am planning to come back on H4?
First and foremost, you must stop working immediately. If your I-94 expired on Dec 31, 2017, your stay in the U.S. beyond that was unauthorized. When you leave the country, you will have a 3-year bar. This is going to affect your future visa proceedings. Please do a private consultation with an experienced immigration attorney.
Do not waste time with "immigration team" with no legal background. Ask to speak with the company attorney. If they will not assist, talk to an independent attorney of your choice.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Unfortunately, no grace period is offered in your case and this talk of the lack of "legal notice" would not stand because you are obviously on notice of the denial (perhaps, through the USCIS website). Your unauthorized stay begins on June 28, 2018. Because the H-1B extension petition is denied, you are considered to be out of status and unlawfully present immediately after the H-1B extension petition denial. Make sure not to overstay for longer than 180 days to avoid the bar to admission on your return.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only and are not meant to create an attorney-client relationship. If you found that my response merits "BEST ANSWER" and/or "HELPFUL" check, please, acknowledge as such.
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