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H1B rejected - Can I stay in US?

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  • H1B rejected - Can I stay in US?

    Hi Friends,
    I have applied for H1B extension in Sep, 2012 and I got a RFE in oct, 2012. We responded to RFE and extension was rejected in Nov, 2012. My I-94 is expired in Sep, 2012. Now my company started a new application to extend my H1. How long I can stay in US? Can I apply for H1 extension through another company?

  • #2
    Originally posted by BSQ9999 View Post
    Hi Friends,
    I have applied for H1B extension in Sep, 2012 and I got a RFE in oct, 2012. We responded to RFE and extension was rejected in Nov, 2012. My I-94 is expired in Sep, 2012. Now my company started a new application to extend my H1. How long I can stay in US? Can I apply for H1 extension through another company?
    You are out of status and your stay is illegal. If your illegal stay extends 3 months you will have a ban on entering US for a year. Is your current application filed in premium ?
    Yes, any employer can file for an H1B.
    This is my opinion. Not a legal advice

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    • #3
      Thanks for the reply, the 3 months grace period starts from the date of I-94 expiry date or from the date of application denial? My company filed for extension again in premium. My doubt is if one company applied for extension, can I apply for extension thru another company at the same time?

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      • #4
        Originally posted by BSQ9999 View Post
        Thanks for the reply, the 3 months grace period starts from the date of I-94 expiry date or from the date of application denial? My company filed for extension again in premium. My doubt is if one company applied for extension, can I apply for extension thru another company at the same time?
        Your illegal period starts from the I-94 expiry. As your I-94 has expired you cant do a transfer to another employer too. Advisable to leave US immediately.

        This is my opinion not legal advice.

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