Grace period after EAD expires

[EvoLove]

Gentlemen,

 

My current status is EAD based on pending I-140 (no H1B) and I have got an RFE, which I would sending a response soon. I am planning on working and staying here till USCIS  sends a decision to my RFE's response, which will be a denial notice for sure. I would like to know how long is the grace period before I can leave the US? I have already started to sell all my stuffs and this information would be helpful for me to plan.

 

Thanks.

Cheerio

[jairichi]

Once denied you need to leave US. No grace period. Can you tell us what was RFE about and why you are so sure about the denial?

[JoeF]

An EAD is not issued based on a pending I-140. It is issued based on a pending I-485.

Further, an EAD is not a atatus.

The pending I-485 is a status.

EAD expiration just means that you have to stop working.

If the I-485 is denied, then you are out of status. Generally, the denial notice would give the timeframe within which you have to leave.

[jairichi]

An EAD is not issued based on a pending I-140. It is issued based on a pending I-485.

Further, an EAD is not a atatus.

The pending I-485 is a status.

EAD expiration just means that you have to stop working.

If the I-485 is denied, then you are out of status. Generally, the denial notice would give the timeframe within which you have to leave.

Your explanation sounds correct. EAD is not status. Apologies to OP for my response.

[EvoLove]

Thanks for the reply. I have applied for EB1EA and the RFE  is about USCIS requiring more evidence for proving my extrodinary ability. I do not believe I will qualify for this and will get rejected. 

Once denied you need to leave US. No grace period. Can you tell us what was RFE about and why you are so sure about the denial?

Thanks for the reply. Yes I should have rephrased my question about i-485. I did file concurrently though. Will i-485 be rejected as soon as i-140 is rejected? 

 

An EAD is not issued based on a pending I-140. It is issued based on a pending I-485.

Further, an EAD is not a atatus.

The pending I-485 is a status.

EAD expiration just means that you have to stop working.

If the I-485 is denied, then you are out of status. Generally, the denial notice would give the timeframe within which you have to leave.

 

 

I also have another question. I am planning on pursuing doctoral studies and I am planning on applying for a couple of universities in the US as well. But now i realized that since I have filed for i-485, will my F-1 get rejected during the interview as I had the intent to immigrate?

 

Thanks a lot for the responses guys.

 

[JoeF]

Thanks for the reply. I have applied for EB1EA and the RFE  is about USCIS requiring more evidence for proving my extrodinary ability. I do not believe I will qualify for this and will get rejected. 

Thanks for the reply. Yes I should have rephrased my question about i-485. I did file concurrently though. Will i-485 be rejected as soon as i-140 is rejected? 

 

 

 

I also have another question. I am planning on pursuing doctoral studies and I am planning on applying for a couple of universities in the US as well. But now i realized that since I have filed for i-485, will my F-1 get rejected during the interview as I had the intent to immigrate?

 

Thanks a lot for the responses guys.

 

For an F1, you can not have immigration intent. An I-140 shows immigration intent (the I-485 doesn't matter, the I-140 matters.)

Even if the I-140 is denied, it would be very hard to get an F1.

And yes, if the I-140 is denied, a concurrently filed I-485 will also be denied at the same time.

[pontevecchio]

Answer the RFE with the help of a Lawyer. Please do not tell us you filed without a Lawyer?