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Immigration Issues/Time left after H1-B transfer denied?

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Question
QUESTION: Hi Mark,

Thank you in advance. I filed my H1-B Transfer on Jan 25, 2007, my petition is still pending until now (04/19/07).

I would like to know how long I can stay in US if my H1B Transfer is denied? Do I need to leave US on the first day when my petition is denied?

For sure, I am not able to leave US on the first day that my petition is denied because i have many thing to do (such clearing out my stuff, sell my car) before I leave US. What should I do if I can't leave US immediately? Any suggestion?

ANSWER: Jerry,
You should leave as soon as possible after your H is denied.  The rules state that each day you delay will result in your accruing unlawful stay because you will be out of status.  
Mark Ashley
www.ashleykrishnan.com

---------- FOLLOW-UP ----------

QUESTION: Hi Mark,

Thank you for your information, I reall appreciate that. By the way, do you know how long I can stay in US if my H1B Transfer is denied?
ANSWER: Jerry,
I am sorry but there is not any grace period after a denial of an H1.  In other categories there may be some time but not on H1.  Good luck.
Mark Ashley
www.ashleykrishnan.com

---------- FOLLOW-UP ----------

QUESTION: Thank you so much. So is that mean, I need to leave US on the first day when my petition is denied?

I believe, many people are not able to leave US immediately after their petition is denied. Do you have any suggestion for me?

Answer
Jerry,
I understand this is a harsh rule but everyday that you delay leaving the US could impact your ability to re-enter the US in the future.  I have no advice unfortunately on how you should get your affairs in order to leave promptly.  
Mark Ashley
www.ashleykrishnan.com

Immigration Issues

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Mark Ashley

Expertise

Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,www.ashleykrishnan.com.

Experience

18 years as a practicing attorney.

Organizations
Member of AILA

Education/Credentials
JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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