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Immigration Issues/Unlawful presence in USA for 180 days

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Question
Hi Ajay, I have asked you questions in the Past about my case and your answers were very helpful, I would like get a suggestion from you for a scenario below

I had an H1B transfer from employer A to employer B, H1B with employer B was approved with I-94 asking me to go for a consulate processing  in India or apply for a I-290 B. If I have applied I-290 B with supporting documents and waiting to hear from them

In the notice given by USCIS it is mentioned as : The decision leaves the alien without lawful immigration status and alien is therefore present in the united states in violation of law. the alien is required to depart  united states. Remaining in united states without authorization may result in the initiation of removal proceedings against the alien and may affect their ability to return to the united states in the future  

It has been 5 months I have applied for I-290 haven't yet heared from them, does the 180 days unlawful presence rule for 3 year bar  deportation applies to me or my situation if so can you please explain. I am in United states and waiting to hear from them and reaching the 180 days limit.

Answer
Hi,

It appears that the H1B petition through Employer B was approved, but you were not granted extension of status. In other words, an I-94 was not attached to the bottom of the H1B approval notice.

I also assume that your I-94 through Employer A has expired, and that you are no longer employed by Employer A. General information about concurrent employment is here, although not applicable to your situation: www.h1b1.com/concurrent.htm

Filing an appeal of H1B denial of extension of status does not allow you to remain legally in the U.S. in the interim. You should depart the U.S. as soon as possible to avoid the 3/10 years bars to visa issuance.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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