Legal Question in Immigration Law in Michigan

Immigration - 140 approved, H1B Extn rejected

My I-140 is approved and my company lawyers had filed for my H1B extension which was denied. I am currently out of status. An appeal and motion to reopen has been filed. Should I have to leave the country?

H1B exp - Feb

Renewal filed - January

Received denial - April

Appeal and motion to reopen filed - April/May


Asked on 5/18/09, 12:58 pm

1 Answer from Attorneys
Daniel Hanlon Hanlon Law Group, P.C.

Re: Immigration - 140 approved, H1B Extn rejected

Dear Inquirer:

Generally, you would not want to remain in the US more than 180 days after the USCIS denied your extension of status, because if you are required to depart the US at that point in time, you would be barred from return for 3 years. If the denial is clearly erroneous, then you may wish to fight the decision here in the US and take your chances against the 180 day period; however, I would recommend that you consult with an immigration attorney prior to making that decision.

I recommend that you email [email protected] or visit www.hanlonlawgroup.com if you would like to schedule an appointment for a confidential consultation to discuss this matter further.

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Answered on 5/18/09, 7:11 pm


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