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I rececntly applied for an H1B visa which was denied on July…

Customer Question
I rececntly applied for...

I rececntly applied for an H1B visa which was denied on July 21, 2017. Following that decision, I had a 60 day grace period to remain legally in the country. This grace period ends tomorrow, September 21 2017. If I apply for a change of status, do I have to submit it before the end of tomorrow for it to be considered valid?

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

I assume I am out of status since my H1B application was denied?

Lawyer's Assistant: Have you talked to a lawyer yet?

I talked to a lawyer about a month ago when I received USCIS' decision and he said that my options were as detailed below: "Obtaining a B visitors visa or going back to school (F-1) are definitely potential options. Another option may be a cultural uniqueness visa or a training visa, etc. There are many different Visa options that may be available to you. In order to make a determination as to which visa might be available, we would need to do a full assessment based upon a potential job offer and your background. Additionally, you may be able to qualify for a cap-exempt H1B or even doing an H1B that can be filed in April but you would likely have to leave the United States for several months before possibly obtaining that visa." He however did not specify the deadline for applying for any of the above

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I believe that is all, thank you

Submitted: 9 months ago.Category: Immigration Law
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Answered in 1 minute by:
9/20/2017
Immigration Lawyer: Expert James, Lawyer replied 9 months ago
Expert James
Expert James, Lawyer
Category: Immigration Law
Satisfied Customers: 13,213
Experience: Write FOR JAMES to get my help!
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During this conversation, you might experience some delays while I work with several customers at the same time, or I am preparing a response to you. Please do not click Opt Out expecting a faster response. This results in more delays while waiting for another Expert. I assure you I will help you in due time. Thank you in advance for your patience and understanding.

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Immigration Lawyer: Expert James, Lawyer replied 9 months ago

I need more information. Were you previously on H1B and you applied for a change of employer/extension?

When did your previous H1B I-94 expire?

If you left that job, when was that?

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Customer reply replied 9 months ago
I was previously working on an OPT which originally expired on May 30, 2017 but was extended to September 30, 2017 when my employer filed my application for my H1B. Upon denial of my H1B application on July 21st, I was unable to work and thus left my job. The company lawyer informed me that I had a 60 day grace period to leave the country. The grace period will end tomorrow, Thursday September 21, 2017. I consulted with another lawyer who informed me that I have several options including applying for a visitor's visa, but I am unclear when the deadline for applying for that would be
Immigration Lawyer: Expert James, Lawyer replied 9 months ago

Thank you for your patience. Your answer is below. When you get your answers, you will be asked to give a rating - 4 or 5 stars are appreciated. This is important because this is how I credit for doing my job. Don't worry, you can still ask related follow-up questions even after you've given a rating. Thank you!

ANSWER: Your lawful nonimmigrant status ends, and you are out of status, when your Form I-94 expires. So if your I-94 expires tomorrow, something has to be filed by tomorrow.

Note that as long as you have filed something prior to the expiration of your I-94, then you can stay while it processes unless the USCIS tells you otherwise. So I would try to file it today, to avoid any possibility that they will say you were out of status and then have to argue that you were not.

I hope that answers your questions. Please remember to give me credit for doing my job by clicking on 4 or 5 stars at the top of your screen.

A BONUS is also appreciated if you feel I've earned one today. And remember, you can still ask follow-up questions if you need to.

If you want to talk on the phone, I am available to do that for an additional fee.

And if you have new questions in the future, you should write FOR JAMES in the question. That way, I become your personal Professional.

Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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