H1b out of status/unauthorize stay/unlawful presence


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Hi ,

Please give your advice/suggestion on below issue.


I have company A H1B visa and I94 valid up to SEPT 2009. 

Before (SEPT 2009) company A and company B filed for extensions. 


comp B petition denied - FEB 2010 

comp A petition got RFE- JUN 2010 


After company A got RFE 


company C filed H1B petition - Jun 2010 


Company A got denied on - Jul 2010 

Company C got denied on- Nov 2010 


I returned to home country on -NOV 2010 



1.can you please convey from which month/year on wards will i come to out of status/unauthorized stay ? 


please specify month/year


is it FEB 2010 or JUL 2010 or Nov 2010 or I94 expired date SEP 2009

kindly explain the reason 


can you kindly provide suggestion on this case.based on your suggestion on this case will take further discussions on paper work and filing for H1B 2015.

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Hi ,


Can any one agrees that  some member  saying am out of status from SEP 2008?


My argument is i have filed extensions before my i94 expiry so as far AC21 portability rules(240 days)


i may be out of status from after 240 days(Sep 2009 +240 days)  or the date when B petetion got denied ??


can any one throw some light ...

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Every one saying from I 94 expiry date out of status .


Here i pinpoint my question why cant u check  AC21 portability rule.? 

Sujeeth - AC21 is not applied for H1 transfers atleast to my knowledge. It only applies if you have filed for PERM and I140. I tried to dig around ans see if I could find anything but couldnt. If you have any links that describes the rule please share.


Frankly, I was in a similar situation and that is when I came to know that there is no "grace" period as such. You will be out of status from the date your I-94 expires if your pending petition has been denied. If it was approved then its consider to be correct, but since the outcome was a denial illegal stay is accrued from date of expiry of I-94.


I dont mean to emphasize and hurt your feelings, but it would be better if you take expert advise asap. All the best!

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  • 4 weeks later...



my case is exactly same as urs and my attorney is murthy, I spent lot of money on NPT and all, but not much luck, so I returned to india.


Answer to your question is:

If your H1 extenstion are applied before your previous H1 expiry, then you are out of status from the day you got H1 denial, its not based on I-94 date.


If you H1 extension is applied after your previous H1 expiry, then you are out of status from day of I-94 expiry.


So, your case of A and B applications, it depends on whose payroll you are and all. 


So, you can check with Murthy law firm on this and I am sure no other attorney will be answering this correctly.

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