Grace period, H1B expired

[ss2012]

Hello experts,

My H1B expired in the first week of January 2012. I am continuing because the H1B extension has been filed based on ‘In process’ Labor (MTR filed for denied labor).

To make the things complex, RFE has been received today on my H1B extension.

I do not want to be pessimistic, however if H1B gets rejected, wanted to know what is the grace period on H1B and H4 considering the H1B and H4 is already expired about 2 months ago.

Thanks

[JoeF]

As long as the extension is pending, you are fine, for up to 240 days. But if it gest denied, you would be out of status immediately.

[livliv]

If your I-94 has expired, there is no grace period. You will have to leave the US immediately.

[Attorney_22]

Technically, H1B and H4 regulations do not provide a grace period once the I-94s have expired and there is not a timely filed and pending petition. If you would like to discuss this in more detail, or obtain a second opinion regarding your H1B RFE, it is advisable to schedule a consultation with one of the Murthy Law Firm’s qualified and experienced H1B attorneys.

[ss2012]

Thanks for the response

I am aware that incase denial, I will have to leave the US immediately, however I am not clear on exact timeline (1day, 10days?) as one needs time to wind up. Is there any USCIS law, guideline around the exact time/days?

@Attorney_22

Technically, H1B and H4 regulations do not provide a grace period once the I-94s have expired and there is not a timely filed and pending petition. If you would like to discuss this in more detail, or obtain a second opinion regarding your H1B RFE, it is advisable to schedule a consultation with one of the Murthy Law Firm’s qualified and experienced H1B attorneys.

Where do I get more details on consulation (fees, process etc)

[MurthyAdmin]

ss2012 - Please check your eMail inbox for information regarding consultations with the Murthy Law Firm.