Rule on unlawful presence- h1b i140

Hi, My husband h1b 6 year is getting over on December 15th (even the i94 expiry date is same). he also has a I 140 approved. Recently he go a new job offer, and the new employer will file his h1b transfer December 6th. he has to work them on receipt with them. My query is that, as his case is being filed in premium, and lets say either on December 14th or 18th he receives a denial notice, how much time we would have to leave the country to avoid unlawful presence considering the present i94 is expiring on Dec 15th. Any other caution should we keep in mind. Look forward for your advice…

The 6 years limit is not applicable, if you have the I-140 approved for over 180 days. There is no grace period, when you get denial notice, you need to leave the country soon after that. Try to get approval before the Dec 15th to avoid issues.
You could get stamping and re-enter the country later.

Thanks Kumar for your response. The new employer wants him to join on receipt. Also fling the transfer in premium, hoping the approval comes before 15th. Else would have to deal with the risk you mentioned.

1 Like

Hope for the best. Good luck !