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pooja.nara

I-140 APPROVED : H-1B EXTENSION DENIED "AM I LEGAL IN USA TO STAY"

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Urgent Question  (am inside USA now) :

 

 

1. I-140 approved and 180 Days Completed with employer.

Priority Date:  8/29/2017 

i-140: 8/27/2018 (Approved when I'm waiting on H-1B extension RFE stage.)   

I-94 Admit Until Date : D/S

Q: Am I legal to stay inside USA without valid H-1B Document till Priority Date becomes current ? 

 

Thanks in advance.

Pooja

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13 hours ago, pooja.nara said:

I-94 Admit Until Date : D/S

 

Conflicting info is provided here. H1b i94 issued by USCIS is never a D/S. You mentioned you had a RFE on H1b extension so when is your i94 issued by USCIS on i797 approval notice expires ? If it is expired, you are accruing unlawful presence and leave USA asap. You can then find a new employer and they can file a new h1b petition based on i140 approval until your PD is current.  Your question is urgent and you need urgent help but yet you fail to disclose material information that can help people here to answer your urgent questions.

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Thanks for responding. 

I-979A I-94 expired on July 31st 2018.

H-1B extension denied on 26th October 2018. Still inside USA.

planing to leave USA Thanks.

Employer says i have 180 days grace period from 26th October 2018, "Means Accruing unlawful presence of 180 days in life?  

According to I-94 206 days now

From to Denial notice: 119 days now

Am i out of status ?

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There is no 180 days grace period under H1b. You are accruing unlawful status since h1b extension denial. 

The grace period of 60 days(layoffs or resignations) is only applicable if you have a valid i94 and that too is for 60 days or up to the i94 expiry date, whichever comes first. 

IMO you are out of status. I will suggest you to stop wasting time and consult a competent law firm for in depth review of your case along with leaving USA asap. You might have already spoiled all your future travel plans of coming back to USA.

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Thanks for responses.

Final question :  i-140 approved : H-1B extension denied after i-94 expires, I have student VISA in my passport, expires on "July 2020".

Can i be able to change from "unlawful presence" to F-1 status again ? If yes, what i will have to do?

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A visa is an entry document. Your student visa doesn't mean anything in the US.

Since you are out of status a status change is mot possible.

Edited by JoeF

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On 2/22/2019 at 3:35 PM, pooja.nara said:

Thanks for responding. 

I-979A I-94 expired on July 31st 2018.

H-1B extension denied on 26th October 2018. Still inside USA.

planing to leave USA Thanks.

Employer says i have 180 days grace period from 26th October 2018, "Means Accruing unlawful presence of 180 days in life?  

According to I-94 206 days now

From to Denial notice: 119 days now

Am i out of status ?

What happened to this?

You are out of status. You have to be in status to change status, and you are not in status. Exit the US. 

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