I 94 expired, H1B extension denied & grace period


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Hi All,

         I am stuck in H1B issues. Here is detailed event-by-event write up so far.


# Company A filed H1B for me in 2012. I came to US on Aug 2013 and worked for client in West coast.


# Company A closed due to some immigration issues in April 2014.


# I moved to company B and they filed H1B for me in March 2014.


# since company A is closing down, they surrendered all their H1B visas including mine in month of April [i mean after i moved to new company B, company A ensured that i had EAC number [H1B normal processing] in hand before they submitted for surrender/revoke].


# Company A and Company B are known to each other, thats how they were cooperative in my case.


# so overall, with company A [with approved h1b petition] and EAC number [company B], i worked in US for almost one year.


# Due to client letter issues, my new h1b petition with company B got denied on Aug 10th.


# original Company A  I-94 expired on July 28, 2014.


# my H1B petition with Company B got rejected on August 10th [ client letter is the main issue].


# i understand that i am accumulating the illegal stay from August 10th. I am moving back to india this week.


Few questions i have in this regard


1. If i go back to India, if new employer [full time job] wants to file H1 for me, does my application has to come through CAP or out of CAP?

2. How many days grace period do i have before i need to make a move to India? [ofcourse, i have booked tickets for this coming week]?

3. Does this illegal stay affect my chances when i try to come next time [either during h1b petition or visiting consulate for visa stamping]. Is there anything which i can take care about that now? please let me know.


Best Regards


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