H1B denied, received notice after 10 days - unlawful presence start date?

(anonymous) #1

Hi Anil,

Our i94 expired in Aug 2018 and we got to know about visa denial on 15th March 2019. When we called Ucsic, they said our visa was denied on 5th March. We have not received any hard copy yet, but my husband signed out of his current job in the same day.

Our 240 days are ending on 29th march.

Is there any way we can file for ’
Discretionary Request for Grant of Status’ with our current employer/find a new employer and stay in USA till we get result ?

Also, from which date UCSIC calculate the unlawful presence? It will be 5th March or the day we receive hard copy of our denial?
As PP is open, we may get answer soon.


(Anil Gupta) #2

Sorry to hear about your H1B denial.

Your unlawful presence has already started on Mar 6, 2019 i.e. immediately after your H1B denial.

As far as I know, there is no possibility of discretionary grant in your case.