QUESTION

Can I stay for three more weeks after my I-539 was denied?

Asked on Jan 09th, 2015 on Immigration - Texas
More details to this question:
My H4 (i539) extension has been denied on Jan 05 2015, and received a letter from USCIS to leave the county asap. But my husband’s H1b extension is approved. I have some commitments here and so can I leave after 3 weeks say by 25th of January? If so will I have any problems while going for re-stamping in India? Kindly suggest.
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1 ANSWER

Bruce A. Coane
If you leave 5 days versus 25 days after a denial, it should make no difference under the law, as you are still leaving while out of status, and the 3-year bar would not have kicked in for a few weeks out of status.
Answered on Jan 12th, 2015 at 10:27 AM

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