Time to leave USA after H1B extension Denial and i94 expiry

USA H1B Visa
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1

Hello Anil and Everyone.

Need help urgently

My H1-B was in extension and Visa and I-94 expired on Dec-17 2018, I got an RFE and replied and today my H1 extension got denied, I have not received the hard-copy so don’t know the reason

  1. As my I-94 is expired, how soon should I travel should I wait for the denial reason or travel now? can I stay for a week to get that and and wrap-up things
  2. Can I file a transfer to a new employer in cap-exempt before leaving US or only in India I can do, as the current visa is not valid is this allowed? or I need to file from my same employer? Can I file from both?

Please let me know my options and above details?

2

Time to leave USA after H1B extension Denial and i94 expiry

Legally, there are zero days to leave.

But practically, 10-15 days are considered normal time to wrap up your stuff and leave USA and avoid any unlawful presence time.

If you stay beyond 10-15 days, it will be difficult for you to explain it in future visa applications.

File H1B transfer or H1B extension before leaving USA?

You can file H1B extension or H1B transfer with consular processing before or after leaving USA.

You cannot stay in USA for the result though.

You should stay outside USA and wait for the H1B application result and come back to US once your H1B application has been approved.

1 Like
3

Thanks a lot Anil for the super quick response, just a quick follow-up can this transfer be filed with another employer in US also without leaving (my h1 and i94 expired on 17th Dec though)

4

You can file H1B transfer too but cannot stay in US to wait for its result.

1 Like
5

Got it, thanks a ton!

6

Hello Harsh,

My friend is in a similar situation like yours.
Could you please share us an update on your status/option you chose.

Thank you!