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Help Please - H1B visa transfer approved but extension of stay is denied

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  • Help Please - H1B visa transfer approved but extension of stay is denied

    I was laid off from a job in Mar. Found a new employer who was ready to sponsor and applied for H1 in the last min (59th day). The new company told me the start date will be a week later due to some orientation schedules. I got a RFE saying that I was supposed to start my new job under 60 grace period (just the receipt notice under 60 days is not sufficient). RFE was responded and the H1 has been approved but the extension of stay is denied. I got a I797B. My attorney told me after 10 days that I have to cross the border right away and re-enter. It seems I dont have to go for visa stamping since I have a visa stamping of my former employer which is valid till next year. I was waiting for my I797B copy from employer and crossed the border after 13 days. I am worried if I was out of status. Wanted to see if anyone was in similar situation and if they can share their experience at Port of Entry. I would really appreciate any help here. Thanks

  • #2
    Being "out of status" is not an issue by itself. Accruing 180 days of "unlawful presence" and then leaving the US will trigger a ban, but you only accrued unlawful presence from the date of the denial notice until you left the US, and that was less than 180 days, so you have no ban. However, since you were still in the US at the time of denial of Extension of Stay, I believe your visa is automatically voided, and you have to get a new H1b visa from a US consulate in your country of nationality.

    This is my personal opinion and is not to be construed as legal advice.

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