"Out of status" starting date if RFE on first H1B extension is not accepted


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A friend of mine recently applied for extension of his H1B. He received an RFE and his employeer gave him 50% chance of success. His question is if the RFE is not accepted and hence the H1B is denied, when would the "out of status" date start.



  • 30 Sep 2013 - First H1B expired
  • mid Sep 2013 - Extension applied
  • 3rd Week Jan 2014  - RFE receifed regarding clarification of extension
  • mid April 2014 - RFE must be replied for

Question 1 - So is the "out of status" start date 

  • 30 Sep 2013?
  • The date when rejection for RFE is received?

Question 2 - How many days does he have to leave this country?

  • Immediately when the rejection comes?
  • A month or 30 days after?
  • Any other time?


There are a couple other applications in the works in parallel for him

Question 3 - Apply for a new H1B application - Can he apply for this new H1B before he receive RFE response?

Question 4 - Application for asylum - This application is already filed, but the final decision will take a few months.

a) Meanwhile if the "out of status" based on the first question starts at 30 Sep 2013, then does this application make him "in pending status"?

b) During the pending asylum petition, If the new H1B is approved, does he has to leave country for stamping or can it be done without leaving the US?





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