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How long can I stay after H1B transfer denial, without accruing unlawful presence?

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  • How long can I stay after H1B transfer denial, without accruing unlawful presence?

    H1B transfer initiated from Employer A to B on 1-May-2015. H1B Transfer denied on 26-Aug-2015. (I-94 still valid till 24-Nov-2015 and original H1B stamped till 20-Aug-2016). I worked on B's payroll till 26-Aug, and now I am out of status. They might not re-file.

    Did I accrue any unlawful presence triggering 3 year BAN?
    Does the unlawful presence clock starts on 1-May-2015 or 26-Aug-2015 in this case?
    I am yet to sell house, car, etc. So when is the latest I can stay in US to wrap things up?

  • #2
    Did I accrue any unlawful presence triggering 3 year BAN?
    >>> You did not accumulate any illegal stay since your I-94 is valid. But your employment with B is unauthorized and you are currently out of status.

    Does the unlawful presence clock starts on 1-May-2015 or 26-Aug-2015 in this case?
    >>> As of the date of denial. This is why it is never advisable to join an employer with just the receipt notice. It is never worth the risk.

    I am yet to sell house, car, etc. So when is the latest I can stay in US to wrap things up?
    >>> If you are planning to return back, then it is advisable to leave the country asap. To avoid further complications, you should at least leave within 10-12 days of receiving the denial.
    Not a legal advice. Use of this information is strictly at your own risk.

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