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Question

My H-1B Visa stamp/Petition Expired 30Jun18, Max out is 11/20/18 (and NO I-140 was approved). My H1B extension of stay was filed in May 2018, it is still in progress. We have also filed H4 + EAD with start Date requested as Mid Nov 2018 (Its in Regular Processing, since filed post spouse's H1 approval based on I-140). My Question: With the new NTA based Policy Manual PM-602-0050.1 Effective June 28, 2018 , in case my extension is Denied for H-1B, will I am accruing unlawful presence/ with being out of status since the date of rejection of extension of stay, and do I need to depart US immediately, considering future Immigration consequences of barring from re-entry (although I'm in period of stay Authorized by Attorney General, also extension was filed well before I-94 had expired).

User's Location: Hartford, Connecticut, United States of America

Category: H1B Visa (Work Visa)