I just get denial letter from AAO regarding my h1b denial appeal. Should I leave US now, and how soon? Can I do MTR for this denial or what ...

Question

I just get denial letter from AAO regarding my h1b denial appeal. Should I leave US now, and how soon? Can I do MTR for this denial or what can I do?

Thanks

Answer

Since your appeal was denied, you may have accrued unlawful presence in the interim (beginning the date your last non-immigrant visa expired). You will be subject to the 3/10 year bar if you leave, but you also cannot change status either, if you have accrued unlawful presence. I cannot advise you on a MTR, but if you don't have new evidence to submit, I don't see the point. If the employer was represented by Counsel, you should speak with him/her. Only the petitioner can file an appeal or MTR on an H-1B petition.

Answer

Please call me at (212) 968-8600. Kind regards, RDM