H1B Denial - Out of status retrospectively or from the day of denial

[piscean5]

Hi All

I want to know when does a person actually becomes out of status in the following case.

H1B extension filed before i-94 expired.

H1B denied 2 months after i-94 expired . H1B holder works under 240 day rule while the application is pending and I-94 is expired.

Does the person becomes out of status retrospectively (from the day I-94 expired) or from the day H1B is denied.

Quick reply will be highly appreciated

Thanks

[pontevecchio]

Read the reply to your other post . You are out of status after denial. Do not take replies here as gospel.

[JoeF]

It depends.

If the H1 petition was frivolous, you'd be out of status retroactively. If the H1 petition was filed in good faith, you'd be out of status from the denial date.