Question #8: How long one can stay after 6yrs expiration of H-1B when I-140 is pending?

Carl Shusterman: When your H-1B expires unless you apply to change your status to another temporary status, like B-2 or F-1, INS regulations give you ten days to depart the United States. However, as long as you don't accumulate 180 days or more of unlawful presence, you can still adjust status under 245(k) as long as your I-140 is approved and your priority date is current.

If you do remain in the United States in unlawful presence for 180 days or more, not only do you lose your eligibility to adjust your status under 245(k), but if you apply for an immigrant visa abroad, you are subject to the 3 year bar of inadmissibility. Of course, if your priority date is before January 15th, 1998, you can still adjust status, under Section 245(i), as long as you pay $1,000 fine.

Remember to follow-up with these popular and informative articles:

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