Does temporarily being out of H-1B Visa status affect GC later on?

New / Eng mowgli⌨️
Nov 9, 2018 5 Comments

I-94 is valid till 2020 and I am planning on joining new employer on H-1b receipt. If for some reason the transfer gets rejected and I don't leave the country within 15 days, I would be out of status. Instead of leaving, say I just stay back until either a re-file or I find a new employer. Since I-94 is valid I do not accrue unlawful presence. But will that affect GC process later down the road?

Legal websites like this say up to 180 days of status violation can be forgiven.
https://www.alllaw.com/articles/nolo/us-immigration/can-visa-overstay-be-forgiven.html

Immigration attorneys are mixed about the ramifications.
Any thoughts?

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TOP 5 Comments
  • Qualcomm whTC47
    If you join on receipt and H1B gets rejected then you have to go home and you can not re-file same H1B
    Nov 9, 2018 2
    • Deutsche Bank / Eng Fishpish
      You can refile a new H1b petition - of course there is no way to "refile" same H1b. If refilled asap I think it's fine
      Nov 9, 2018
    • Qualcomm whTC47
      That’s a wrong information after rules changed on Sep 11 2018. Once denied any new applications at that point stands cancelled. That’s why it’s a risk on joining on receipt
      Nov 9, 2018
  • Amazon Gjdyveycc4
    I don’t think it impacts anything. Also it’s not 15 days but 60 days.
    Nov 9, 2018 1
    • New / Eng mowgli⌨️
      OP
      I checked with my attorney on this. It's 60 days if your old employer has not revoked their H1b and 15 days if they have revoked it and it's been over 60 days into the new position.
      Nov 9, 2018

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