If my H1B extension is denied after my I-94 expires, will I have 30-60 days to leave the country or change my status to H-4/F-1?

Answer

There is no grace period after an H1B extension denial if the I-94 of the previous H1B has expired. In that case, the individual typically begins to accrue unlawful presence from the date of the denial. Depending on the reason for the extension denial, it may be possible to file a motion to reopen on that H1B. However, before deciding whether to pursue this option, it would be wise to immediately consult with an immigration attorney to verify your status and options for proceeding. (14.Apr.2014)

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