First H1 denied and Second H1 transfer was withdrawn.i left the country after 120 days based on 1st H1 denial.Is it overstay? is this going to affect my new H1?


valluridivya

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HI,

I94 expired on AUG 2017,Moved to another employer filed new petition on Apr 2018(end of 240 day period) and continued working with the same client.
first H1B is denied on OCT 2018 while my second petition is still under process.Based on my Attorneys advice,We withdrawn the second H1 on Feb 25 2019 after recieving couple of RFE’s on this bridge case.
I left the country on Mar 7th 2019 to re apply New H1 after 365 days cool off period in 2020 April.
As per USCIS,My “Unlawful presence” begins on the day of first H1B transfer denial in this case "
based on the above statement i had stayed 120 days counting from OCT 31 2018 to Mar 7 2019 which is less than 180 days stay.
My concern is,Even though the first petition is denied my second H1b is still under process with USCIS. Am i still illegal to stay?Is it going to effect my Future H1? Please answer.?

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10 hours ago, valluridivya said:

Is it going to effect my Future H1

yes, for your next petition your attorney has to explain this to uscis.

 

10 hours ago, valluridivya said:

We withdrawn the second H1 on Feb 25 2019 after recieving couple of RFE’s on this bridge case.

this tells me something was not legit, hence attorney advised the same. 

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