Legal Question in Immigration Law in New York

I just get denial letter from AAO regarding my h1b denial appeal. Should I leave US now, and how soon? Can I do MTR for this denial or what can I do?

Thanks


Asked on 7/31/14, 6:51 pm

2 Answers from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Since your appeal was denied, you may have accrued unlawful presence in the interim (beginning the date your last non-immigrant visa expired). You will be subject to the 3/10 year bar if you leave, but you also cannot change status either, if you have accrued unlawful presence. I cannot advise you on a MTR, but if you don't have new evidence to submit, I don't see the point. If the employer was represented by Counsel, you should speak with him/her. Only the petitioner can file an appeal or MTR on an H-1B petition.

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Answered on 8/01/14, 7:10 am
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Please call me at (212) 968-8600. Kind regards, RDM

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Answered on 8/01/14, 1:23 pm


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