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About Arif_1234

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  1. Hi, I am requesting help regarding my current situation and would appreciate any comments. My previous employer filed for my I-140 and I-485 concurrently but I left that job before the forms were pending for ~ 180 days. Eventually, I lost my other valid visa status while waiting for some paperwork from USCIS and I was relying on the pending i-485 to not accrue unlawful presence. I have been planning to leave the US and get back on a cap-exempt H-1B with my current employer. Recently, my previous employer conveyed to me that they are considering the withdrawal of the i-140. As the i-485 might be denied as soon as the i-140 is withdrawn, could you please comment: (i) on the time typically taken by USCIS to deny the i-485 after the i-140 is withdrawn (immediate/ some time gap/ varies), when both of them are filed concurrently and the PD is current. (ii) whether USCIS would be issuing some form of RFE/ NOID/ interview notice before denying the pending i-485. (iii) whether USCIS would give a grace period (by which I could leave the US) before starting to count unlawful presence against me or I will start to accrue unlawful presence as soon as the decision is made. (iv) whether I would be placed in deportation proceedings immediately after the I-485 denial or USCIS will allow me a few days to leave the country before issuing the deportation order. Given the situation, do you recommend me to leave the US immediately or wait till the I-485 is actually denied and I have the denial notice in my hand. Would it be a big problem down the line (such as visa interviews/ future AOS interview) if I have 3/4 days of unlawful presence in this process. Thank you so much for your help.