dineshkumarsa Posted May 22, 2019 Report Share Posted May 22, 2019 My H1B Petition Expired on Dec 4, 2018 and I-94 expired on Dec 14, 2018. My spouse H4 I-94 Expired on Dec 4,2018 Applied for H1B Extension in Aug 2018 and it got Denied on May18, 2019. My attorney yet to receive the hard copy. Once my attorney receive my hard copy, can I stay for a week or 10 days to leave USA? I have to settle everything here and have my spouse and my 6 month old baby with me here. So it will take a week or 10 days to leave. Is the unlawful Presence of overstay 180 days and 3 year ban mentioned in https://www.uscis.gov/legal-resources/unlawful-presence-and-bars-admissibility counts from I-94 expiry or from the petition denial date? Quote Link to comment
xTDx Posted May 23, 2019 Report Share Posted May 23, 2019 You should try to leave ASAP. Usually an overstay of week or 2 is understandable and should not cause much of an issue, especially on h1b and when you have to take care of things like in your case. Each case is different and nothing is guaranteed. You should leave asap. Quote Link to comment
Subbuparam Posted May 23, 2019 Report Share Posted May 23, 2019 No, its from the date of Denial. up to 2-3 weeks is generally considered reasonable Quote Link to comment
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