Atulinphx Posted October 6, 2011 Report Share Posted October 6, 2011 After H1 Extension decesion. how much time USCIS give to leave the country. It's not possible to leave the country on the same Day you get the decesion from USCIS . Is there any Grace period Policy. Link to comment
Attorney_13 Posted October 7, 2011 Report Share Posted October 7, 2011 There is no grace period following H1B denials. If one's I94 card has expired, or their is a finding in the denial that you are out of status, one will immediately be here out of status and accruing unlawful presence. The accrual of unlawful presence (180 days) will trigger a 3 year bar to return to the US if one departs the US. It is a 10 year bar after 1 year of unlawful presence. As such, while it may not be feasible to depart the date the decision is received, one should depart the US in a timely manner. Please consult directly with a qualified immigration attorney to discuss the details of your case and status. Link to comment
Atulinphx Posted October 9, 2011 Author Report Share Posted October 9, 2011 Hi this will be my eighth year extension. recently my I-140 got denied. my lawyer going to file h1-extension on basis of i-140 mtr/appeal. As per law uscis should extend on basis of appeal. My concern... if it get denied question. 1) out of status day count from day of i-94 expire. 2) out of status count from the day I receive h1 extension denial decesion 3) or there are 30 days grace perios in case u want to file appeal on h1 rejection. 4) or the decesion letter tell us to leave country in some particular days Link to comment
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