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vsarojraju2002

Grace Period after H1B Denial ,I-94 Expired, MTR Open

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1) XXX Corporation has flied my H1B Visa transfer on June-15-2015 and I joined them with a receipt notice. after 10 months of pending ,we finally change the case to Premium which got denied stating as Specialty occupation on Apr-15-2016. I got an message to mobile a I registered for all notification on my case. 

2) XXX Corporation told me as I can continue working until I received the physical notice on mail which we received on Apr-22 on which I stopped working based on their recommendation. 

3) I have approved I-140 from XXX Corporation which is currently valid and they filed my transfer for a 3 year extension based on AC21 rule. 

So I wondering, As I have a valid I-140 copy, can any other organization file me a H1B transfer on consular processing with out I-94 as I-94 expired on Aug-2015. 

and also as my I-94 expired and my H1B visa also got denied for which I received the physical notice on Apr-22, So how long I can stay legally in US (Grace Period). I am attaching few of the document for your review and please suggest your opinion.

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Technically USCIS has no word as grace, so everyone says it as zero days, yet on consideration of couple of family/personal reasons like medical, school, you can take time up to 10days

 

(if medical upto 30days is fine but you need to be certified about medical condition from Doctor)

(Personal like: my friend had applied for ITIN of his kid and SSN office has asked for original passport, even after a month from h1-b denial he is legally here in USA and has mail exchange from SSN as wait until you get passport and the same is communicated to uscis)

 

zero does not mean you book flight next second and stand in airport next minute

it actually means exit as soon as possible taking minimum amount of time, so if taking 2months, 6 months means questionable at your next visa stamping

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10months of pending status means you and your attorney owe responsibility to ask uscis nearly after their 2months of grace period, if no response at 3rd month means you should have done an alternative, if running thru RFE's then its understandable

 

good luck @vsarojraju2002, this is not end in anyway, just a bad timing

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