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H1B expired - what will be the durtaion of stay

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  • H1B expired - what will be the durtaion of stay

    Hi all,

    I have received an expired copy upon my H1b approval, which means that my visa expired before even approved by uscis. I have applied for an H1b extension immediately under premium processing, yet USCIS took 2 months to respond to my case and received an RFE, meanwhile I changed project in between. Instead of responding to RFE my employer filed for a new H1b petition through counselor process under premium processing and got an RFE for that one too. Now I have submitted response for that RFE and waiting for a response on my case. It's already been 6 months after my H1b expired.

    Now my question is - Should I leave country immediately and wait for my approval ? OR DO I have a chance to wait till 240 days from my H1b expiry date. Please suggest.

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