H1 B Visa Extension

[maheramsat]

Hi,
My H1 B visa expired on 30-Nov-2011 and my I-94 expired on 10-Dec-2011. My employer filed for an extension by 22-Nov-2011 and I received an RFE by Mar-2012. My emplolyer would be filing response for my RFE before 25-Jun2012 which is the deadline mentioned by USCIS. So as per USCIS rules I am not allowed to stay for more than 240 days after my I-94 expiry provided I have filed for extension. SO assuming the response for my RFE is filed before 25-Jun-2012 am I expeced to get a decision from USCIS before the 240 days from my I-94 expiry or it might get delayed? In case if the USCIS decision gets delayed am I allowed to stay here or I should vacate?

[shervin143]

The decision can get delayed. You cannot stay in the country beyond 240 days based on the pending extension. If you leave the country or if the extension gets denied, then all the time spend in U.S after your last I-94 expiry date will be treated as illegal stay. If the illegal stay is more than 180 days, you will get up to 3 year ban from entering U.S. If it is more than 365 days, you will get up to 10 years automatic ban from entering U.S. You shouldn't have waited this long based on the pending extension. Your employer or the attorney should have taken an info pass appointment with USCIS to discuss your case or you should have upgraded the case to premium to get the result within 15 days. Now, no matter what, your extension should get approved before it completes 240 days for everything to be okay. If not, you will be in trouble.