When does a person acrues unlawful presence if USCIS denies the H1b petition is it from the date of the I-94 expiry or is it from the denial notice mailing date if the extension application was submitted on time?
Or is it also dependant on the basis of denial as per sections 212(a)(9)(B) and (C)(I)(L) of USCIS policy
Unlawful presence begins to accrue as soon as the I-94 expires.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
"Unlawful Presence" toward the 3 and 10 year inadmissibilty bars begins to accrue on the day one's I-94 expires.
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Unlawful presence for the 3 and 10 year bars begins at the expiration of the i-94 unless the denial is before the i-94 expiration and states you are out of status as of that date.
It depends on what the reason for denial was and if USCIS believes it was a frivolous petition.
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.
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