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Hi, I am requesting help regarding my current situation and would appreciate any comments. My previous employer filed for my I-140 and I-485 concurrently but I left that job before the forms were pending for ~ 180 days. Eventually I lost my other valid visa status while waiting for some paperwork from USCIS and was relying on the pending i-485 to not accrue unlawful presence. I have been planning to leave the US and get back on a H-1B with my current employer. Recently, my previous employer conveyed to me that they are considering the withdrawal of the i-140. As the i-485 might be denied as soon as the i-140 is withdrawn, could you please comment (i) if USCIS will give a grace period (by which I could leave the US) before starting to count unlawful presence against me, (ii) whether I would be placed in deportation proceedings immediately after the I-485 denial or USCIS will allow me a few days to leave the country before issuing the deportation order. Thank you so much for your help.
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Unlawful presence will start to accrue immediately after the denial, but unlawful presence doesn't matter unless you accrue 180 days of it before leaving.
USCIS has a policy of issuing Notices to Appear for removal proceedings after a denial of I-485. According to this teleconference, they will generally wait until the end of the 33-day period to file motions before issuing an NTA. If you leave within this time, you should not get an NTA.
This is my personal opinion and is not to be construed as legal advice. -
Thank you so much for the note.Comment
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