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I-94 Expired, New H1B, unlawful presence?

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My I-94 expired on September 3rd 2018

on august 27th 2018 my H1B extension was filed and it was denied on Dec 17th 2018.

My Employer filed  Nunc pro tunc (NPT) on Dec 28th.

From when my days of unlaw ful presence was started? 

Can I file a new H1B from new employer?

Please advise.

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Since your I-94 already expired and your application is already denied, I believe you should leave the country as soon as you can. In your case, unlawful presence of stay already started from December 18, 2018. 

Did you qualify for premium processing ? If yes, then you should have filed H1-B in premium processing. You may file H1-B with a new employer, but from outside of US. 

Consult your case with an expert attorney. All the best. 

Edited by ibrahim237

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