H1B Extension denied, I-94 expired

[Manoj Sharma]

My H1B Extension denied, I-94 is already expired. I have approved I-140

But I still have project in hand, can I re-apply H1-B extension using other company ?

[JoeF]

Since your I-94 is expired you have to leave the country.

An employer can file a new H1 for you at any time, and you can get a new H1 visa and enter the country again when the new H1 is approved.

[gopalakrishnach]

My H1B Extension denied, I-94 is already expired  - Leave ASAP I guess.

Yes you can apply H1B  outside US and get stamped and come back.

[GCoder]

you are out of status. You can reapply any number of times with any number of combinations of employer/client provided you have actual work. However you must exit USA ASAP without accuring too many days without status. 

[AbhayCharan]

you can re-apply with same employer or a new employer but only after moving back to home country first as your I-94 has already expired

[Ahir]

You DO NOT HAVE TO leave the country, IF YOU FILE " CHANGE OF EMPLOYER" IN 60 DAYS, starting from your I-94 expiration date.

But, if your Change of employer get denied than, you will be considered as "Unlawful presence".

So, it's up to you to take a chance/risk. But, if you file change of employer, than you will have 60 days "Cap" period to stay in the country.

Just make sure, you have really good lawyer for this.

Edited August 17, 2019 by Ahir

[JoeF]

On 8/17/2019 at 2:17 AM, Ahir said:

You DO NOT HAVE TO leave the country, IF YOU FILE " CHANGE OF EMPLOYER" IN 60 DAYS, starting from your I-94 expiration date.

But, if your Change of employer get denied than, you will be considered as "Unlawful presence".

So, it's up to you to take a chance/risk. But, if you file change of employer, than you will have 60 days "Cap" period to stay in the country.

Just make sure, you have really good lawyer for this.

His I-94 is expired, so he does NOT have any grace period.

The rule for the grace period is "60 days or until I-94 expiration, whichever is shorter."

[Ahir]

Even though his I-94 is expired. He can still file an Extension with "Change of Employment" within 60 days.

He has to have really good lawyer for this, to prepare strong case. 

[JoeF]

3 hours ago, Ahir said:

Even though his I-94 is expired. He can still file an Extension with "Change of Employment" within 60 days.

He has to have really good lawyer for this, to prepare strong case. 

No he can not. There is no grace period for him. Read the rules.

[Ahir]

Please read this, which was updated the rule in end of 2018.

Let me know if you still have any questions-

https://www.murthy.com/2016/11/23/overview-of-final-regulation-for-high-skilled-workers/

Edited August 24, 2019 by Ahir
More information added

[JoeF]

7 hours ago, Ahir said:

Please read this, which was updated the rule in end of 2018.

Let me know if you still have any questions-

https://www.murthy.com/2016/11/23/overview-of-final-regulation-for-high-skilled-workers/

Sigh. It is obvious that you haven't read that page...

"To qualify, the nonimmigrant must have a valid petition and I-94 card. "

Which is exactly what I have said. The OPs I-94 is expired, so he does NOT have any grace period.

Really, it isn't rocket science.

[Ahir]

True.

I do not need to read that. I know many of candidates who stayed and got their I-94 back with 60 days Grace period. It all depends on your/candidates Lawyer.