Legal Question in Immigration Law in Illinois

Legal stay after H1-B denied

My husband opt was expired on october and I filled a H1-b application but it got denied. So how long can I stay at U.S legally?


Asked on 3/25/04, 11:09 pm

2 Answers from Attorneys

Myron Morales Lee Lane Smith LLP

Re: Legal stay after H1-B denied

Do not accrue more than 180 days of unlawful status and consider applying for another H-1. What is your status? There may be another way to get him a lawful status in the United States

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Answered on 3/26/04, 7:51 am
David Nachman Nachman & Associates, P.C.

Re: Legal stay after H1-B denied

Unfortunately, at this point in time, we can only say until the end of your grace period (or, if you are a risk-taker, until you have only accrued 179 days of unlawful presence). You will note that when we hit the cap last time that the government issued a regulation that allowed F-1 (and J)who were expiring to remain through their October 1st start date. If you are still in your grace period on April 1st, why not submit the H-1B again and request an October 1st start date. Thus, you can argue that you were technically in status when you filed and that the filing allowed you to stay until the start date. Hope that the foregoing is helpful. By the way, this is not legal advice but it is provided as a courtesy as we are only able to give legal advice to our clients. Good luck.

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Answered on 3/26/04, 12:54 am


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