H1B extension status security clearance and 240 days

[tabho]

I am H1b worker, with approved I-140. I-797 and I-94 expired on Nov 30 2014. We filed for h1 extension meanwhile project turn out to be a short time. So in February I started another project.

I got RFE from the previous project, we replied with all new documents and client letter of the new project. Its been 10 months and we have not heard anything about it. My HR called up USCIS and came to know case is under security check. I also came to know after research that after extension filing you can work till 240 days. In my case its been already around 300 days.

My HR was not aware of this 240 days rule, they contacted our immigration attorney.

1) Attorney told since my case is under security check, my premium processing request will be rejected.
2) They filed an amendment with new LCA that has some hike in salary sayingthat will help in maintaining status and told I should continue to work.

I feel I should not be working but my employer is saying it will not be a problem. What are my options.

[rv04071]

I am H1b worker, with approved I-140. I-797 and I-94 expired on Nov 30 2014. We filed for h1 extension meanwhile project turn out to be a short time. So in February I started another project.

I got RFE from the previous project, we replied with all new documents and client letter of the new project. Its been 10 months and we have not heard anything about it. My HR called up USCIS and came to know case is under security check. I also came to know after research that after extension filing you can work till 240 days. In my case its been already around 300 days.

My HR was not aware of this 240 days rule, they contacted our immigration attorney.

1) Attorney told since my case is under security check, my premium processing request will be rejected.
2) They filed an amendment with new LCA that has some hike in salary sayingthat will help in maintaining status and told I should continue to work.

I feel I should not be working but my employer is saying it will not be a problem. What are my options.

@Tabho,

Yes 240 rules applied. You can max work only 240 after i-94 expired. But as your i140 has already approved you may fall outside of those days. Please confirm with other attorney. And regarding security check usually it take somewhere round one year.
Do you know what kind of "security check" you have ??

[munee]

I am H1b worker, with approved I-140. I-797 and I-94 expired on Nov 30 2014. We filed for h1 extension meanwhile project turn out to be a short time. So in February I started another project.

I got RFE from the previous project, we replied with all new documents and client letter of the new project. Its been 10 months and we have not heard anything about it. My HR called up USCIS and came to know case is under security check. I also came to know after research that after extension filing you can work till 240 days. In my case its been already around 300 days.

My HR was not aware of this 240 days rule, they contacted our immigration attorney.

1) Attorney told since my case is under security check, my premium processing request will be rejected.
2) They filed an amendment with new LCA that has some hike in salary sayingthat will help in maintaining status and told I should continue to work.

I feel I should not be working but my employer is saying it will not be a problem. What are my options.

Did you get clearance from security? how much time it took? Please help expalaining in your situation afterwards?