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

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.

Can I work till I get the letter for denail?

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Attorney answers 2


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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


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