Peculiar situation - Passports submitted to consulate

[ihaveh1b]

I am in a wierd situation. I have my H1b being filed for extension. Already got one RFE and am going to submit it with necessary documents, except the problem is that I do not have my passport. I have submitted it to Canada consulate for Canadian provential PR. I wonder what would happen if the H1b case is denied? Is there a grace period for which I can wait in the country despite being denied visa extension, since I dont have my passport with me? The canadian consulate takes 30 business days to return the passports

[shervin143]

If the extension gets denied, then anytime spend in U.S after the I-94 expiry date will be considered as illegal stay. The more your illegal stay, then more issues you will face with future petitions and visa processing.