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H1B extension decision pending from USCIS

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  • H1B extension decision pending from USCIS

    Hi guys,
    I have read many posts related to this, but did not get the specific answer for my case.
    My company filled my H1B extension 1 Oct 2015 (just 1 month before expiry). My visa & I-94 expired in 31 Oct 2015. Based on 240 days rule, in end of Jun 2016, my 240 days will be completing.
    Because of delayed USCIS response and one RFE, my case is still under processing with USCIS. Although timely response to RFE was filled in PREMIUM, but its still under processing.

    I just wanted to know, if my stay while waiting for USCIS decision, will be valid, if it takes just a couple of days more, than 240 days? And that is really worrying me.

    Thanks in advance.

  • #2
    Originally posted by manavTaj View Post
    Hi guys,
    I have read many posts related to this, but did not get the specific answer for my case.
    My company filled my H1B extension 1 Oct 2015 (just 1 month before expiry). My visa & I-94 expired in 31 Oct 2015. Based on 240 days rule, in end of Jun 2016, my 240 days will be completing.
    Because of delayed USCIS response and one RFE, my case is still under processing with USCIS. Although timely response to RFE was filled in PREMIUM, but its still under processing.

    I just wanted to know, if my stay while waiting for USCIS decision, will be valid, if it takes just a couple of days more, than 240 days? And that is really worrying me.

    Thanks in advance.
    As per law you are supposed to stop working beyond the 240 days.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks Raghvi.

      I also wanted to know, if "stop working" and "stop staying", in this context are different.
      Means, can I stay here few couple of days (only if needed) waiting for the USCIS decision, without going to the work.

      Comment

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