Unlawful presence day accumulation

[lisalisalisa]

Hi,
My current I-94 expired, my employer has submitted the h1b extension petition before the expiration of my current I-94.
The h1b extension is still pending.

My question is:
If the the h1b extension petition gets denied or withdrew for whatever reason, I'll be considered out-of-status/illegal since the I-94 expiration date or the h1b extension petition denial/withdraw date?

Thanks!

Lisa

[raghvi]

Hi,
My current I-94 expired, my employer has submitted the h1b extension petition before the expiration of my current I-94.
The h1b extension is still pending.

My question is:
If the the h1b extension petition gets denied or withdrew for whatever reason, I'll be considered out-of-status/illegal since the I-94 expiration date or the h1b extension petition denial/withdraw date?

Thanks!

Lisa

You would be considered out-of-status and illegal from your I-94 expiry date. Thats why USCIS allows one to file extension upto 6 Months before I-94 expiry so even if one gets rejected you can still leave before I-94 expiry. This is my opinion not legal advice.