QUESTION

H1B Denied MTR denied what are the options ?

Asked on Nov 20th, 2012 on Immigration - Minnesota
More details to this question:
My h1b was denied, it was filed in may. Then with new evidence and MTR was filed which also got denied. My attorney tells me that after an MTR is denied nothing can be done. we have not yet received the notice. Is this the case or can anything be done to appeal that decision or supply further evidence if required ?
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1 ANSWER

You can appeal the denial of the H-1B but unless you are in another US immigration status an appeal will not stay your accrual of unlawful status.  If it has not been 180 days since the H-1B was denied, you may want to discuss departing the US with your attorney in order to avoid an unlawful presence bar.
Answered on Nov 21st, 2012 at 4:05 PM

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