I am out of status due to denial of my H1B extension. Can I file a new H1B through a different employer and request consular processing? If so, how much time do I have?


Yes, another employer can file the H1B for CP. There is not a specific time limit, but it is important not to stay in the U.S. when out of status. In addition to the 3- or 10-year bar after 180 days of unlawful presence, in a CP case, one generally has to ask the consulate for a visa. The consulate looks at status history, and it can be quite difficult to justify extended periods of being out of status. (20.Oct.2014)

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