H1B extension pending with USCIS, I-94 expiring soon. Should leave country before I-94 expires? Howmany days safe stay and prepare to leave?


ganesan06

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Posted (edited)

Situation:
H1B extension on basis of I-140, received Notice of Intention of Denial (NOID);
Motion to Reconsider (MTR) was filed and pending with USCIS;
My I-94 expiring soon.
My attorney said, since my H1B extension was a NOID not a denial, so I am eligible to stay and work for 240days.
I will stay in US and work, until response arrive from USCIS, my I-94 may get expired.

Of course I will try to leave the country ASAP, As soon as USCIS deny H1B extension, I-94 already expired = Out of Status.
Do we have few days to prepare and leave? not sure how many days is ASAP.
There are lot of things to do before leave the country like clear out stuff, book tickets, break apt lease, sell/handover car etc.

Question:
How long shall I stay (prepare to leave) in US, receipt of H1B denial and I-94 already expired?
if I stay few days and leave country, will it cause any issue on new H1B/exnt etc?

anyone please advise.

Edited by ganesan06
rephrase sentence and words

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