Could you please help me in below case in light of NTA policy update on Sep 26, 2018
My H1B/I-94 will expire on 30-Sep
Wife H4/1-94 will expire on 30-Sep
H1B extension is filled in regular category on 15-Sep.
I am planning to continue my stay in US for authorized 240 days.
If we receive denial decision say for example on 20-Dec:
NTA will be not be issued for H1B/ i129 extension , I can leave immediately ( the days from 30-Sep to 20-Dec will be counted authorized days ).
Correct? or am I wrong and NTA can be issued to H1B extension too?
NTA can be issue for H4/ i539 extension?
Or can we just leave country after denial without any consequence ( just accumulating a few days ) say we leave on 23-Dec?
Separate question:
Do H4/i539 extension also have authorized 240 days?
can they leave any time in 240 days before decision is taken ( like on 1-Dec )?
NTA will not be issued for H1B at this time. You can leave after your denial with no issue.
H4 extension denial - NTA
NTA can be an issue for H4 extension but it won’t be issued immediately.
USCIS has told that they will give some time (not sure how much at this time) to allow person to go out of USA if extension is denied.
You can leave USA after denial usually within 10 days time. It should be okay.
Does H4 also has 240 day authorized stay after i94 expiry?
Yes, H4 also has 240 days of authorized stay. Basically, H4 status is dependent on H1B and H4 240 day is NOT strictly enforced.
Read related discussion here:
Can H4 leave USA anytime before H4 extension result is out
Yes H4 can leave anytime before the decision is taken.