I-94 expired, pending H1B extension with USCIS

[nits_7809]

It's related to my I-94 expiration and H1B extension application.
My I-94 expired mid of May 2016. H1B extension was filed before this date (around April 2016) but the approval is pending for past 8 months from USCIS.

My question is regarding the 240 day rule, which could mean that I'll be out of status if I don't get the extension approved by mid Jan 2017. Do I need to take an action e.g. upgrading to premium processing at this time so that it gets process before Jan 2017 or not worry about it hoping that USCIS will turn it around before 240 days ?

Also, meanwhile, I got my I-140 approved but holding off to file 3 year extension because of the above mentioned pending extension application. Is that the right thing to do or is there any way a second H1B extension application (probably in premium processing) while the first one is still pending ? Are there risks ?

[raghvi]

It's related to my I-94 expiration and H1B extension application.
My I-94 expired mid of May 2016. H1B extension was filed before this date (around April 2016) but the approval is pending for past 8 months from USCIS.

My question is regarding the 240 day rule, which could mean that I'll be out of status if I don't get the extension approved by mid Jan 2017. Do I need to take an action e.g. upgrading to premium processing at this time so that it gets process before Jan 2017 or not worry about it hoping that USCIS will turn it around before 240 days ?

Also, meanwhile, I got my I-140 approved but holding off to file 3 year extension because of the above mentioned pending extension application. Is that the right thing to do or is there any way a second H1B extension application (probably in premium processing) while the first one is still pending ? Are there risks ?

8 Months is too long a time, are you sure there was no RFE? Jan 2017 is just a month away, might be a good idea to upgrade to premium before holiday season begins.

This is my opinion not legal advice.

[nits_7809]

8 Months is too long a time, are you sure there was no RFE? Jan 2017 is just a month away, might be a good idea to upgrade to premium before holiday season begins.

This is my opinion not legal advice.

Thanks for your feedback. Yeah 8 months is a long time but that's how long CSC (California Service Center) is taking. As of October End, they were still processing applications upto March 16th.

[manavalan.007]

Whether you have applied the extension petition in US or outside US. If you have applied in US then you can stay under the 240 days rule. Otherwise I am not sure. For my case i left US and going to get the stamping.