H1-B Extension + Amendment pending decision. 240 day rule

[ravs_vimal]

Hi everyone,

I'm looking for some guidance in my case and trying to understand the 240 day rule implication.

My visa expired last year on Sept 4, 2020. Extension + amendment filing was submitted in Aug 2020. Received RFE in Jan 2021 and RFE response was submitted in early April. I read about the 240 day rule that indicates the following; "These employees are authorized to continue working for up to 240 days while USCIS processes their petition, or until USCIS makes a decision on your petition, whichever comes first."

Link to this rule on USCIS website: https://www.uscis.gov/i-9-central/fo...ant-categories

In my case, the 240 day period is coming to an end on May 2. So, I'm being told to stop working after April 30. I have read on some immigration info websites including immihelp that the 240 day rule doesn't apply when your extension application includes amendment and that one can continue working beyond the 240 day period and await USCIS's decision. My immigration attorney hasn't confirmed if there is such an exception in the 240 day rule.

Is there anyone who has experienced something similar to this?

Please let me know.

Thanks,

Ravi.

[rkk09]

Hi,
As per my knowledge, If your H1B got expired and you filed your H1B Ext before H1B expires then you are good to work with the help of H1B receipt notice. But, Here 240days clock will be started for you..
So, you will need to count the 240 days..
If there is process delay, you can convert your case to premium to expedite the adjudication.
Thanks