H1-b transfer/extension issue

[rubs]

Hi,

My previous H1-B with employer ended on Sep 30, 2009 and we applied the transfer to new employer in July 2009 and started working there in August 2009. Got RFE in 1st week of october and replied and got denial notice in end of October. Denial reason was weird since they thought company is some other company with same name so lawyer contacted then and they change the status from denial to under review. Anyhow I stopped working at company the day denial came and waiting for the decision, Do I need to go back within 30 days so that not consider illegal stay or since this is under review and I can wait here only.

Thanks
--rubs

[shervin143]

When is your I-94 expiring? If you stay beyond your I-94 expiry and if your transfer is denied, then the duration between your I-94 expiry until the time you leave the country is termed as illegal stay, which will cause issues later.

Anyhow I stopped working at company the day denial came and waiting for the decision
So what is your status now? If you are in H1B and if you are not getting paid, then you are out of status.

Do I need to go back within 30 days so that not consider illegal stay
What is this 30 day limit?

[rubs]

1) I-94 expired in end of september but extension/transfer was in process.
2) I was told that we can wait since it is under review so not sure about current status, do they expect to go back next day when get denial notice.
3) Some of friends were asked if they stayed beyond 30 days from denial date so I am assuming something to do with grace period.

[shervin143]

1) I-94 expired in end of september but extension/transfer was in process.
>>>> If your transfer gets approved, then you are good. If it gets denied, then the date from the I-94 expiry until you leave U.S is illegal. For staying illegally for more than 6 months, one could get up to 3 year ban. For staying illegally for more than 12 months, one could get up to 10 year ban.


2) I was told that we can wait since it is under review so not sure about current status, do they expect to go back next day when get denial notice.
>>>> See ans: 1.


3) Some of friends were asked if they stayed beyond 30 days from denial date so I am assuming something to do with grace period.
>>>> There is no such grace period.