Hi all,
I am not pessimistic but cautious. If my concurrent I-140/485 petition (EB2-NIW) is denied after CRIS received (5/14/2008) my response to RFE and assuming I don’t want to appeal, if the denial issued before my current H1b expires (it will expire June 14, 2008), how many days I can stay in the country legally after the expiration date if my H1b visa expires June 14th 2008? Is there any grace period for H1B beyond June 14 to prepare for departure? If the denial is issued after the visa expiration date then I think I can stay because I filed form 485 until the denial is released but do I need to leave in the same day of receiving denial notice if there is no grace period to stay?
As you see I don’t have enough time to close things if the denial happens soon and grace period is not allowed.
I am not pessimistic but cautious. If my concurrent I-140/485 petition (EB2-NIW) is denied after CRIS received (5/14/2008) my response to RFE and assuming I don’t want to appeal, if the denial issued before my current H1b expires (it will expire June 14, 2008), how many days I can stay in the country legally after the expiration date if my H1b visa expires June 14th 2008? Is there any grace period for H1B beyond June 14 to prepare for departure? If the denial is issued after the visa expiration date then I think I can stay because I filed form 485 until the denial is released but do I need to leave in the same day of receiving denial notice if there is no grace period to stay?
As you see I don’t have enough time to close things if the denial happens soon and grace period is not allowed.