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  • Need urgent help regarding leaving US

    Hi,

    My friend came on a F1 visa and later applied for H1b and Change of status in december 08', But he just received a denial from USCIS yesterday(posted few days back). So now he doesnot have any visa and needs to leave the country. How soon should he leave so that he cannot have any problem for his next H1bvisa. Some told me 24-48 hrs and some said 1 week should be fine, which is the right time? Thanks in advance for your help. Any inputs will be greatly appreciated.

  • #2
    Originally posted by rgadam View Post
    Hi,

    My friend came on a F1 visa and later applied for H1b and Change of status in december 08', But he just received a denial from USCIS yesterday(posted few days back). So now he doesnot have any visa and needs to leave the country. How soon should he leave so that he cannot have any problem for his next H1bvisa. Some told me 24-48 hrs and some said 1 week should be fine, which is the right time? Thanks in advance for your help. Any inputs will be greatly appreciated.
    --- this is the rules "Once you’ve completed your studies, you have 60 days to make your preparations and then depart from the U.S. under an F-1 visa. If you have an M-1 visa, you only have 30 days to depart. After that, your visa will no longer be valid. If you haven’t yet returned home, you could find yourself in a bit of trouble. If your visa expires while you are still in school and you leave the country temporarily, you will need to get a new visa in order to re-enter the U.S. Since you can’t renew your visa while you are in the U.S., make sure you’ve checked its expiration date and plan accordingly. Even though you have permission to stay in the U.S. through the duration of your studies, your visa can still expire before then. If you don’t leave the country, it may not present a big problem, but if you do leave and find out at the border that your visa has expired, it could put a big kink in your studies.

    Also make sure that your passport is up to date so that everything is in place when it’s time to return home. (You may want to renew your passport before you leave the U.S. It will be easier than doing it while abroad.)"
    If his/her visa is expired above mentioned duration then hs/she must have to leave USA within 48hours to 1week.
    Mail on [email protected]. for more information...
    Last edited by OMM; 03-25-2009, 07:20 PM.

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    • #3
      Thank you very much for the reply, So is that 48 hrs from the date the notice of denial of the H1b or the day he received the notice. Thank you.

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      • #4
        Originally posted by rgadam View Post
        Thank you very much for the reply, So is that 48 hrs from the date the notice of denial of the H1b or the day he received the notice. Thank you.
        -- Notice denial date.

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        • #5
          He has to depart immediately. There is no 48 hr rule. He has already accumulated a whole lot of unlawful presence due to the denial.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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