| 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)
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