While waiting

[Wait4]

Hi there,

 

Thank you in advance for your replies. My question is regarding what happens when waiting for a 7th year H1-B extension (I-140 approved) approval from USCIS, after your I-94 has expired and you are in the 240 day period? The new H1-B petition was filed around 2 months prior to the I-94 expiration date.

If the new H1-B extension petition is denied, will one have accumulated unlawful presence starting from the day of I-94 expiration even though it was within the 240 day rule or will the unlawful presence be counted from the day of USCIS decision?

[Wait4]

Can someone kindly respond to my question please?

[pontevecchio]

Unlawful status will be from the time of denial.