H1B Transfer: Petition Approved, Extension of Stay denied

[p3appl]

Hi All,

 

My situation: Quit Company A on 31 December 2013. Applied 1st petition for transfer with Company B on 03 Jan 2014. Got denied on 05 June 2014. Applied 2nd petition on 18 June 2014. Now, my 2nd petition got approved, but extension of stay denied. Reason given is that there was a 3 day gap between my quitting day and 1st petition, so by the time we filed the 2nd petition I was already out of status for 5 months. They forwarded it to the consulate in India. My current I-94 is valid till October 2015.

 

I am leaving immediately to get visa stamp.

 

My question: Will those 5 months be a problem when I go for visa stamping in the consulate? Is it considered unlawful presence? 

[jairichi]

Hi All,

 

My situation: Quit Company A on 31 December 2013. Applied 1st petition for transfer with Company B on 03 Jan 2014. Got denied on 05 June 2014. Applied 2nd petition on 18 June 2014. Now, my 2nd petition got approved, but extension of stay denied. Reason given is that there was a 3 day gap between my quitting day and 1st petition, so by the time we filed the 2nd petition I was already out of status for 5 months. They forwarded it to the consulate in India. My current I-94 is valid till October 2015.

 

I am leaving immediately to get visa stamp.

 

My question: Will those 5 months be a problem when I go for visa stamping in the consulate? Is it considered unlawful presence? 

You are fine.