H-1B: Extension denial and old i-797A Expired . i-140 Approved

[pooja.nara]

Dear Law members of USA, 

 

I had questions for you, right now: (am inside USA now) 

  

1. Status changed from F1 to H-1B with i-797A (I-94 was valid from 31st December 2015 to July 31st 2018) 

Employer applied an extension on 21st July 2018 immediate RFE submitted and later it denied on 26th October 2018. 

In Denial Notice: “Continue current immigration till I-94 expire”.  

But recent I-94 is showing as "Admit Until: D/S" (since I entered as student never went out of USA) 

Note : i have i-140 Approved 

 

Q: Now my employer is helping to file new H-1B extension, Am I legal to stay in USA till approval comes? What is my actual I-94 date ?

 

Suggest me for any kind of better inputs for moving forward.  

Thanks in advance. 

Pooja 

 

[xTDx]

15 hours ago, pooja.nara said:

Dear Law members of USA, 

 

I had questions for you, right now: (am inside USA now) 

  

1. Status changed from F1 to H-1B with i-797A (I-94 was valid from 31st December 2015 to July 31st 2018) 

Employer applied an extension on 21st July 2018 immediate RFE submitted and later it denied on 26th October 2018. 

In Denial Notice: “Continue current immigration till I-94 expire”.  

But recent I-94 is showing as "Admit Until: D/S" (since I entered as student never went out of USA) 

Note : i have i-140 Approved 

 

Q: Now my employer is helping to file new H-1B extension, Am I legal to stay in USA till approval comes? What is my actual I-94 date ?

 

Suggest me for any kind of better inputs for moving forward.  

Thanks in advance. 

Pooja 

 

You are out of status since the denial of H1b extension. Stop using D/S relative to your i94. Your i-94 was issued by USCIS and was valid from 31st December 2015 to July 31st 2018  in your own words.

[pooja.nara]

Thanks for responding. 

I-94 expired on July 31st 2018.

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

Employer says i have 180 days grace period, Still am out of status ?

According to I-94 : 206 days now

From to Denial notice: 119 days now

Am i out of status ?

 

[xTDx]

See the other post please.

[pontevecchio]

You were out of status and in unlawful status since the denial notice. You should plan to leave for the time being after consulting a lawyer.

[pooja.nara]

Thank you so much for responses. i will leave before 180 Days.

 

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

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

[immijam]

On 2/25/2019 at 4:52 PM, pooja.nara said:

Thank you so much for responses. i will leave before 180 Days.

 

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

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

once you are unlawful / or out of status - you have to exit and re-enter in correct / new classification - your visa foil is auto-void the day you went OOS