My company has already filed an H1B extension petition for me and my I-94 expires end of June this year. If I receive approval from USCIS prior to my I-94 expires then I am fine but I have some confusions if USCIS doesn't decide prior to that.
I understand that in that scenario, I can work here for 240 more days until the decision has been made. Now the confusion is what if the petition is denied after I-94 expires? Do I accrue overstay from the day denial is received or the USCIS gives a notice period for like 30 more days to leave the country? Does it affect my future entry to USA if I stay few more days after the denial is received?
I am likely to get extension for next 6-8 months and after that I am done with my HiB quota.
I greatly appreciate your expert opinion!
As long as you have a bona fide application for extension that was timely filed, the accrual of unlawful presence begins from the denial date. You must leave within a reasonable period of time if your application for extension is denied. If you follow this general guideline (and not accrue more than 180 days of unlawful presence) in the event that your application for extension is denied, you should be just fine; staying for a few days to gt ready to leave will not have a negative impact on your ability to return/apply for a new visa in the future.
Madrid Crost Law Group - (888) 466-4478; e-mail: [email protected]; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.
USCIS has not been enforcing 240 days rule. If you file your extension before your current status expires, you are in status until USCIS makes a decision on your case.
This answer is of a general nature and should not be relied upon as final, nor is it intended as legal advice. Consult with a qualified attorney before making any legal decisions. Gen Kimura, (832) 247-6932.
I agree with the others
Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State of Ohio The below answer is provided for informational use only. One should not act or refrain to act solely based on the information provided. No attorney/client relationship is created unless an Agreement is signed by the attorney and the client. Best regards, Neil Neil I Fleischer The Fleischer Law Firm, LLC 917 Main Street Cincinnati, Ohio 45202-1314 Direct telephone: 513 977 4209 [email protected] Enjoy our Blog at http://immigrate2usa.blogspot.com/
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