Already a member? Sign in.

Username/Email:
Password:
 
  Not a member? Sign up now
Posted on 16 Apr 2009
Q.

H1-B petition approved, extension of status denied

On April 7, we received a notification saying the petition had been approved but that they could not grant the extension/change of status. I was hoping you could help me clear out a few doubts. I was employed thru 12/31, in H1-B status from 10/1/08. Prior to my departure, I filed an I-539 to change my status to B-2. Unfortunately, on 3/1, I received a letter from USCIS (dated 2/20) denying my B-2 application, my "period of authorized stay" is over and I am likely accruing unlawful presence.

I started worrying about this after UCIS denied the extension of status, I was in fact accruing unlawful presence, but that since I was planning on leaving the US in mid May, I should not have any problems at my interview since less that 180 days of unlawful presence had accrued. Is this true?

User's Location: Kansas City, Kansas, United States of America
Category: H1B Visa (Work Visa)
Posted on 17 Apr 2009
A.
Want to see the lawyer's answer? Become a member today!
 
 
 
   Already a paid member? Sign in now.
Got a specific question? Ask your question for only $19.95!
User_thumb_100_Photo_Dimitar_Michailov

Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

Browse answers by topic

EMPLOYMENT-BASED GREEN CARD

H1B VISA (WORK VISA)

L1 VISA (WORK VISA)

F1 VISA (STUDENT VISA)

J1 VISA (STUDENT VISA)

B1 VISA (BUSINESS VISA)

B2 VISA (VISITOR VISA)

FAMILY-BASED GREEN CARD

K1 VISA (FIANCEE VISA, FIANCE VISA)

    K3 VISA (MARRIAGE VISA)

      US CITIZENSHIP AND NATURALIZATION

        GREEN CARD LOTTERY (DV LOTTERY)

          ALL OTHER US VISAS

          GENERAL IMMIGRATION

          Dimitar Michailov's Answers on L1 Visa (Work Visa): L1 Visa
          User_thumb_100_Photo_Dimitar_Michailov
          Dimitar Michailov
          Immigration Lawyer
          1725 I Street NW, Suite 300
          Washington, DC 20006
          (888) 878-4721
          www.cilawgroup.com
           2,117 answers
          Feedback from users:
          Satisfied 
           (240)
          Neutral 
           (36)
          Unsatisfied 
           (0)
           363 phone consultations
          Feedback from users:
          Excellent 
           (362)
          Good 
           (1)
          Average 
           (0)
          Poor 
           (0)
          Terrible 
           (0)
           100% Immigration Law
          Nonimmigrant Visas Adjustment of Status
          Employment-based Visas U.S. Citizenship
          Family-based Visas Labor Certification
          Green Cards Expedited Processing
          Reentry Permits Waivers
          AC21 NAFTA Applications
          H,L,F,J Visas Global Transfers