About to hit 240 days while RFE submitted and waiting on response

[ms81516]

Hi Friends,

I know this has been discussed a lot here and other online forums but I'm still not able to get the exact answer as to where am I standing today and what's going to happen next. Below is the details on my case.

1. My H1B VISA and I-94 got expired on May 19th 2016.
2. My Employer has filed H1B extension on March 2016 - couple of months before my I-94 expiration
3. USCIS mailed us an RFE on Nov 17th 2016 - almost after 8 months.
4. We submitted the response and USCIS received it on DEC 27th 2016.
5. My 240 days deadline is going to expired on Jan 19th 2017.

As per the USCIS/DHS rule and discussions on online forums like this, I got that I can not continue my work beyond Jan 19th 2017 (After 240 days complete). The answer I am really looking for is for this question.

Is it legally possible to stay in US even after you hit the 240 days deadline and still waiting for a decision on your H1B ext?
If yes, then is there a limit on how many days I can be without work? or till I get the decision?

I would really appreciate any guidance or thoughts just in case somebody or somebody's contact might have faced similar situation in the past.

Thanks.

[raghvi]

Hi Friends,

I know this has been discussed a lot here and other online forums but I'm still not able to get the exact answer as to where am I standing today and what's going to happen next. Below is the details on my case.

1. My H1B VISA and I-94 got expired on May 19th 2016.
2. My Employer has filed H1B extension on March 2016 - couple of months before my I-94 expiration
3. USCIS mailed us an RFE on Nov 17th 2016 - almost after 8 months.
4. We submitted the response and USCIS received it on DEC 27th 2016.
5. My 240 days deadline is going to expired on Jan 19th 2017.

As per the USCIS/DHS rule and discussions on online forums like this, I got that I can not continue my work beyond Jan 19th 2017 (After 240 days complete). The answer I am really looking for is for this question.

Is it legally possible to stay in US even after you hit the 240 days deadline and still waiting for a decision on your H1B ext?
If yes, then is there a limit on how many days I can be without work? or till I get the decision?

I would really appreciate any guidance or thoughts just in case somebody or somebody's contact might have faced similar situation in the past.

Thanks.

Why not upgrade to premium instead of going work less and Payless?

This is my opinion not legal advice.

[ms81516]

Thanks Ragvi for quick response.

I discuss this with my employer about filing under premium and according to them it is not advisable to upgrade now after filing a response for RFE. The real concern I have is whether this overstay after 240 days is considered as legal or not?

Thanks again.

[ms81516]

Hi,

I finally got the approval on Thursday. I yet to receive a document to see how much extension I've been given.

Thanks for your help and suggestions.

[vijayonnet]

Did you get answer to your question on what you will do if 240 days are complete ?

Hi,

I finally got the approval on Thursday. I yet to receive a document to see how much extension I've been given.

Thanks for your help and suggestions.

Did you get answer to your question on what you will do if 240 days are complete ?

[ripendra007]

Hi,

I finally got the approval on Thursday. I yet to receive a document to see how much extension I've been given.

Thanks for your help and suggestions.

Can you tell me how much extension you have gotten. and is it true that even if cases is regular and approaching 240 days , USCIS will adjudicate ?