Any impact of "unintentional illegal stay" in next H1B visa interview?

[fromdips82]

1. I was in US between April 2010 and November 2012 i L1B Blanket.
2. My visa as well as I-94 both had expiry date middle of October 2012.
3. My company filed for an extension petition on third week of August 2012 in premium processing so that we get the decision from USCIS before my visa/I-94 expiry date.
4. However I got RFE from USCIS in 2nd week of September. USCIS gave me time till end of November to answer my RFE. It took some time in preparing the RFE response and we sent RFE response to USCIS in the last week of October which is a month before USCIS RFE submission deadline.
5. However I wasn't lucky and my company received letter from USCIS in 3rd week of November that my petition has been declined as "my current position in US doesn't require and specialized knowledge". My company notified me the same day they got the letter and I left the country within 10 days after my company notified me.
6. In this process I stayed 45 days "illegally" in US. More specifically my visa/I-94 expired on middle of October and I left US end of November. Therefore 45 days of w/o status of stay. However it happened only because of RFE as we went for premium processing to get the decision before my visa/I-94 expires.
7. My question is this "unintentional illegal stay" going to create any negative impact in my H1B petition approval or H1B visa interview for the year 2013? Do you think my visa may get rejected again because of this or it is not going to impact at all in my H1B stamping?

[fromdips82]

Hello forum members, any answer of my question? Is it really "unintentional illegal stay" or those 45 days were not illegal stay since I was within 240 grace period as per USCIS rule?

[raghvi]

Hello forum members, any answer of my question? Is it really "unintentional illegal stay" or those 45 days were not illegal stay since I was within 240 grace period as per USCIS rule?

This is what USCIS says :

What if I file for an extension of stay on time but USCIS doesn't make a decision before my I–94 expires?

Your lawful nonimmigrant status ends, and you are out of status,when your Form I-94 expires, even if you have timely applied to extend your nonimmigrant status. Generally, as a matter of discretion, USCIS will defer any removal proceedings until after the petition is adjudicated and USCIS decides your extension of nonimmigrant status request. Nevertheless, DHS may bring a removal proceeding against you, even if you have an application for extension of status pending.Even though you are not actually in a lawful nonimmigrant status, you do not accrue “unlawful presence” for purposes of inadmissibility under section 212(a)(9)(B) of the Act, while your extension of status application is pending if it was filed prior to the expiration of your Form I-94.Although you are out of status, you may be permitted, depending on your classification, to continue your previously authorized employment for a maximum period of 240 days while your extension application is pending if USCIS receives your application before your Form I-94 expires, and you have not violated the terms of your nonimmigrant status. You may be required to stop working,immediately, when the first of the following events occurs:
• 240 days elapses from the date your I-94 expires; or
• USCIS has made a final decision denying your extension application.
If your application is approved, the approval will relate back to the date your Form I-94 expired, and your status during the pendency of your application will then be considered to have been lawful. If your application is denied, you may be required to cease employment and depart the United States immediately.
In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).

I dont think the 45 Days will affect your H1 decision.

This is my opinion not legal advice.

[fromdips82]

thank you very much raghvi...this makes me comfortable