I94 Expired -H1B extension denied and H1B transfer decesion pending


muneeb

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My I94/H1-B expired on 5th May 2016 . My extension was filed in April  . On July 15th I lost my job and transferred my H1B to a new company on 1st Aug in regular processing and the decision is still pending . I got to know on Sep 2nd that my H1B extension got denied with my previous company , most likely my H1B transfer will be approved with CP.
 
However, I came to know that one can not stay in US more than 180 days after I94 expiration date . 
 
With that said should I convert my H1B to PP have the decision in hand asap before 5th November (180 days completes on 5th Nov) 
 
OR
 
Should I keep waiting for my H1B decision which is filed  under regular processing and most likely to come in late November or early December 
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With the H1 extension denied, you can not work anymore. The pending H1 from the new employer doesn't change that, because it was filed after your I-94 expired.

And that H1 will not come with an I-94, anyway. Further, if you stay past the 180-day mark, and then leave, you will get banned from entering the US for 3 years. So, you have to leave.

PP or not is irrelevant for that. You have to leave and wait abroad until the H1 is approved, which with PP can happen sooner Once the H1 is approved, you can get a new H1 visa..

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