H1B Extension - RFE

[cooldude850]

Hello Members....My wife's existing H1B petition and I-94 are expiring on 30th Sep 2009. Her company filed for her H1B extension in June this year. This month she got an RFE requesting additional documents to be submitted. I have the following questions and hope you can guide me.

1. Since her current H1B and I-94 are expiring in Sep 2009 and assuming H1B approval process takes time these days, how long can she work for her employer while H1B is in process?.

2. If for some reason H1B extension gets denied and the decision is received after Sep 30th 2009, within how many days does one need to leave the country?. Does one accumulate any overstay period since the decision happened after Sep 30th.

Thanks in advance.

[cooldude850]

Hello Senior members...Can you please answer my queries posted in this thread?.

[txh1b]

1. 240 days
2. There are two school of thoughts here. She become illegal her I-94 expired and another one is from the date of denial. I go by the date of expiry of the I-94.

[cooldude850]

Thanks txh1b....When does the 240 day period start? is it when the petition was filed for renewal OR When RFE was received OR expiry of current petition and I-94.

[txh1b]

From I94 date