H1-B Denied


fed up

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Hi,

I worked on cap-gap opt until sep 30th, and I was staying in USA based on my 2 pending H1-B applications.
Recently one of my H1-B application got denied, and the other is still in pending. Can I stay in USA based on my pending application ? or will I be accruing unlawful presence ?

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On 11/13/2018 at 2:54 PM, fed up said:

Hi,

I worked on cap-gap opt until sep 30th, and I was staying in USA based on my 2 pending H1-B applications.
Recently one of my H1-B application got denied, and the other is still in pending. Can I stay in USA based on my pending application ? or will I be accruing unlawful presence ?

Since the second one is still pending you can continue to stay as long as the petition was filed before your end of the opt expiration date.

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