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H1B denial after Petition/i94 expiry date

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  • H1B denial after Petition/i94 expiry date

    Hi,
    We applied for h1 transfer during feb 2018, it is still in progress. I have my old i797 petition till May 29 2019. But My i94 expired during Aug 2018 (I got this date since my passport was expiring,now I got new passport). We were hoping for some reply from uscis through regular process but no response yet.

    If I go for premium now and get denied for some reason after my petition expiry date, Will I be considered as illegal immigrant? How many days I will have to leave country? What will be the situation? Please help to clarify on this.

    Fingers crossed, hoping my petition would be approved but want to know my worst case scenario.

    Thank you in advance,
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