RFE and denial

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neonnut

New Member
My visa and I-94 is expiring on 15th September . My company has filed the visa extension on 10th August and have received the RFE. we are planning to respond to RFE by 10th September . Last date to respond to RFE is 30th September.

What happens if I stay beyond I-94 expiry date (15th Sept) and my visa extension gets denied. Does out of status/unlawful presence days starts counting right from I-94 expiry date or from the date USCIS denies the extension.
 
neonnut said:
My visa and I-94 is expiring on 15th September . My company has filed the visa extension on 10th August and have received the RFE. we are planning to respond to RFE by 10th September . Last date to respond to RFE is 30th September.

What happens if I stay beyond I-94 expiry date (15th Sept) and my visa extension gets denied. Does out of status/unlawful presence days starts counting right from I-94 expiry date or from the date USCIS denies the extension.
Click to expand...

you company has filed H1 extension (Visa is under DOS not under USCIS many use word "Visa" for filing H1 or H4 "status"). your company got RFE for your H1 extension. what is RFE? what USCIS has asked? it is documentfrom you or from Company?
 
neonnut said:
My visa and I-94 is expiring on 15th September . My company has filed the visa extension on 10th August and have received the RFE. we are planning to respond to RFE by 10th September . Last date to respond to RFE is 30th September.

What happens if I stay beyond I-94 expiry date (15th Sept) and my visa extension gets denied. Does out of status/unlawful presence days starts counting right from I-94 expiry date or from the date USCIS denies the extension.
Click to expand...

If my understanding is correct: Your company has applied for an H1 Extension...is that right?

Generally, until you get the final ruling you are not adding any unlawful presence, here in US. If the outcome is not favorable to you, then you got to pack the bag A.S.A.P. heading homeland.

Hope you are clear!!!
 
neonnut said:
What happens if I stay beyond I-94 expiry date (15th Sept) and my visa extension gets denied. Does out of status/unlawful presence days starts counting right from I-94 expiry date or from the date USCIS denies the extension.
Click to expand...
in case extension was filed before I-94 exp and it got denied, your unlawful presence starts upon the denial date.
 
Is that the denial date or I-94 expiration date + 120 days? INA 212(B)(iv) (extension of 212(B)(i)) seems to indicate differently.
 
Since the USCIS website has copyright restrictions, I am unable to copy contents here. However, the law related to accumulating unlawful status, viz-a-viz, "Alients unlawfully present", is under 212(B). The subsection 212(B)(i) talks about 3-year and 10-year bars. 212(B)(ii) explains how unlawful stay is calculated. 212(B)(iii) mentions about exceptions. 212(B)(iv) explains tolling for good cause.

The PDF that you presented is clearer though, i.e., unlawful stay starts right from the date of denial. Thank you.
 
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