L1B-Individual extension 240 expiry

[ManojSS]

Hi,
My L1B Individual visa extension received RFE and my company planning to file response by May-15 in 'premium processing'.
My 240 days ends from visa expiry date is May-21 and from I-94 expiry date will be by May-26. In this situation, could you clarify:

1. What is my 240 day limit legally - from the date of Visa (or) I-94 Expiry?
2. If I receive a decision after 240 days - can I stay in US without working ? and will it be considered legal stay?
3. Finally, how many days I can stay after 240 days without work? Is there a limit and will this impact anyways on my future visa processing decisions?

Thanks in advance! Also would help if have any recent real time experience with this.

[ratedguy]

Which service center?

[Libra_14]

1. What is my 240 day limit legally - from the date of Visa (or) I-94 Expiry?

the 240 days limit starts from the end of petition date (PED) -doesn't matter Visa or I94 expiry.

2. If I receive a decision after 240 days - can I stay in US without working ? and will it be considered legal stay?

Yes, you can stay post 240 days - awaiting response to your application, but cannot work (or getting paid).

3. Finally, how many days I can stay after 240 days without work? Is there a limit and will this impact anyways on my future visa processing decisions?

Until you get a response (if negative, leave immediately).
There is no published rule that it will impact your future visas, but its better for you to leave before 240 days.

[ManojSS]

Thank you!

[ManojSS]

Which service center?

California..

[ManojSS]

the 240 days limit starts from the end of petition date (PED) -doesn't matter Visa or I94 expiry.


Yes, you can stay post 240 days - awaiting response to your application, but cannot work (or getting paid).


Until you get a response (if negative, leave immediately).
There is no published rule that it will impact your future visas, but its better for you to leave before 240 days.

Thank you!!

[ratedguy]

ManojSS can you please provide your timelines for California center? when (date) was your extension filed? trying to get an idea as Processing Time on website is displayed as Jan 15, 2019.

[Kepler586]

the 240 days limit starts from the end of petition date (PED) -doesn't matter Visa or I94 expiry.


Yes, you can stay post 240 days - awaiting response to your application, but cannot work (or getting paid).


Until you get a response (if negative, leave immediately).
There is no published rule that it will impact your future visas, but its better for you to leave before 240 days.

240 days starts from I-94 expiry as per the uscis link https://www.uscis.gov/sites/default/...urces/C1en.pdf

Although you are out of status, you may be permitted, depending on your classification, to continue your previously authorized employment for a maximum period of 240 days while your extension application is pending if USCIS receives your application before your Form I-94 expires, and you have not violated the terms of your nonimmigrant status. You may be required to stop working immediately when the first of the following events occurs: • 240 days elapses from the date your I-94 expires; or • USCIS has made a final decision denying your extension application.

[Libra_14]

240 days starts from I-94 expiry as per the uscis link https://www.uscis.gov/sites/default/...urces/C1en.pdf

Although you are out of status, you may be permitted, depending on your classification, to continue your previously authorized employment for a maximum period of 240 days while your extension application is pending if USCIS receives your application before your Form I-94 expires, and you have not violated the terms of your nonimmigrant status. You may be required to stop working immediately when the first of the following events occurs: • 240 days elapses from the date your I-94 expires; or • USCIS has made a final decision denying your extension application.

Thanks Kepler, that holds true for I539, not for I129.