after i-140 & i-485 deniel, how long can one stay

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mtsaha

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Dear All,

I concurrently filed i-140 & i-485. I recently entered U.S. using advance parole.
How long can I stay in the U.S. after the day my i-140 (and hence i-485) is denied?

Another possibility: suppose my i-140 is still pending and somwhow my i-485
is denied due to some reason, then also how long can one stay in the U.S. after
the denial day?

Many Thanks!!
 
You are immediately out of status and unlawfully present if you entered on AP. You won't face any automatic re-entry bars for up to 180 days but its likely that they will start deporting you fairly soon after the denial notice if you don't appeal it, so preparing for immediate departure is a good idea. To return any dual-intent visa is the easiest way (H/O/L). I-140 doesn't give you status, but once it is approved you can use it to get an immigrant visa abroad.
 
Hello,
Did you mean that I wont be able to enter US for 180 days, if my I-485 is denied
and I am still in US on the denial day?? Dont they give any grace period, for like
say few days to leave the country.

Otherwise it seems one should never enter US using advance parole.

Kindly clarify.

Thanks.

nscagony said:
You are immediately out of status and unlawfully present if you entered on AP. You won't face any automatic re-entry bars for up to 180 days but its likely that they will start deporting you fairly soon after the denial notice if you don't appeal it, so preparing for immediate departure is a good idea. To return any dual-intent visa is the easiest way (H/O/L). I-140 doesn't give you status, but once it is approved you can use it to get an immigrant visa abroad.
Click to expand...
 
No, NSCagony means the following:

1- If your I-485 is denied, you are immediately out-of-status as of the date of denial.

2- There is no grace period unfortunately. Also, some of us have no choice but enter as parolees since we have no underlying status (i.e. no H or L visas).

3- If you continue to remain in the US after your denial date, you are accumulating what's known as days of "unlawful presence". If you accumulate 180 day or more of unlawful presence (or is it more than 180 days), then the automatic re-entry bars apply. This means that if you stay in the US unlawfully for more than 180 days and then leave, you will be barred from reentering the US for 3 years even if you have a new visa. If you stay in the US unlawfully for more than 365 days and then leave, you will be barred from reentering the US for 10 years even if you have a new visa.
 
Suppose my I-485 is denied on day X, then it is a practical fact that it will take "couple
of days" after day X to leave the country. What are the future consequences of those
"couple of days" of unlawful presense? Can it create problems in future visa and I-140 applications?

May be it was a bad idea to concurrently file I-485. May be I should have waited for the
I-140 approval first.

Many Thanks.

jk0274 said:
No, NSCagony means the following:

1- If your I-485 is denied, you are immediately out-of-status as of the date of denial.

2- There is no grace period unfortunately. Also, some of us have no choice but enter as parolees since we have no underlying status (i.e. no H or L visas).

3- If you continue to remain in the US after your denial date, you are accumulating what's known as days of "unlawful presence". If you accumulate 180 day or more of unlawful presence (or is it more than 180 days), then the automatic re-entry bars apply. This means that if you stay in the US unlawfully for more than 180 days and then leave, you will be barred from reentering the US for 3 years even if you have a new visa. If you stay in the US unlawfully for more than 365 days and then leave, you will be barred from reentering the US for 10 years even if you have a new visa.
Click to expand...
 
Not really. Future non-immigrant visa applications (such as B or F or J) will probably be denied anyway because you previously showed immigrant intent by applying for I-140, let alone I-485. If you obtain a dual-intent visa like H, and you haven't been unlawfully present in the US for over 180 days, there really should be no consequence that I can think of.
 
Hello,
Someone told me that when a I-485 denial notice is issued it gives
a time frame to leave the country. Is it true?? Does anyone know how the
denial notice looks like?

Many Thanks!!
 
mtsaha said:
Hello,
Someone told me that when a I-485 denial notice is issued it gives
a time frame to leave the country. Is it true?? Does anyone know how the
denial notice looks like?

Many Thanks!!
Click to expand...

I think you keep repeating the same question. If your I-485 get denied in day X, Then you have to leave, let us say within 180 days because after 180 days you will be subject to the 3 or 10 year bar. Few days or weeks stay after denial almost will not hurt in future entry with another visa. If you want to consider 180 days after denial is grace peroid, that is OK.
 
The denial notices only tells you how much time you have until they start removal proceedings. I have only seen one denial notice in my life and it said 30 days. You definitively don't want to be in the US without status when they trigger removal proceedings, except if you enjoy being locked up for a few month until they arranged for your home government to pick you up.
 
If you have h1 status as back up what will be the situation?

nscagony said:
The denial notices only tells you how much time you have until they start removal proceedings. I have only seen one denial notice in my life and it said 30 days. You definitively don't want to be in the US without status when they trigger removal proceedings, except if you enjoy being locked up for a few month until they arranged for your home government to pick you up.
Click to expand...

I just wants to know what will happen if you have H1 extention papers when your I-485 is denied. Even though one completes 6 years of H1B status because of I-485 is pending and I-140 is approved we get 3 years extention of H1B. Can some one who is knowledgeable clarify me do we have to leave immediately(with in 180 days) after I-485 denial or can we continue untill your H1b is valid?
 
blueindia said:
I just wants to know what will happen if you have H1 extention papers when your I-485 is denied.
------------------are you working on H1 status at that time? do you have valid I-94? if yes you can work till H1 status
Even though one completes 6 years of H1B status because of I-485 is pending and I-140 is approved we get 3 years extention of H1B. Can some one who is knowledgeable clarify me do we have to leave immediately(with in 180 days) after I-485 denial or can we continue untill your H1b is valid?
---------you can work till H1 validity (if EAD is not used)
Click to expand...

If I-485 is denied then USCIS gives the reason for the denial .it all depends on the reason of I-485 denial. One can file MTR.
If I-485 is filed and you have H1 status or working on H1 status and I-485 gets denied then you can work and remain in US till your H1 validity. If you have filed I-485 and used EAD then you are not on H1 status from the day you used EAD.
 
Help me..plz...EAD denied

my I-140 and 1-485 denied. But my h1 status is valid untill 05/01/2011.

1. How long can i stay in usa if I dont file MTR.

2. How long can i stay in usa if I file MTR?


Please advise.
Thanks in advance
 
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