240/180 Day rule in visa extension

[rahulmunjal]

Hi All,

My Blanket L1 visa was filed for extension on April 1st and my visa and I-94 got expired on June 20th. There was a delay in processing by USCIS and I received an RFE in August. I have now replied the RFE and my company will send the reply this week.

I recently read in some forums that when visa extension is pending, you can legally stay in US for 240 days. If the visa gets approved, it is ok. But if the visa gets rejected, the stay from Day 1 after visa expiry is treated as illegal and if it crosses 180 days, one might get debarred for as long as 3 to 10 years. (Is this 180 day rule true even if the extension is applied before I-94 expiry and visa gets delayed in processing at USCIS??)

It has already been 120 days since my visa expired and my RFE hasn't been replied yet. If the RFE is replied in another 2-3 days , looking at the delays at USCIS it is highly impossible to get a response within 2 months.

Please suggest if this 180 day rule applies even when the visa is under extension or does it only apply when the person goes out of status when the job is terminated or any such case.

Thanks in advance for your response

[kabkaba]

Unfortunately, your understanding is correct. (The only small difference is that I-94 expiry matters and not Visa expiry).

[rahulmunjal]

This is the reply that i received from my company's visa department:

180 days clause is applicable only if the extension was not timely filed.. In my case since extension was filed priory to expiry of your I94 hence 240 days clause will be applicable.

In case I get a negative decision on the application I need to leave the country immediately ( 7-10 days) and there will not be any illegal status implication here.

Since there are mixed views over this topic... Can someone please clarify or point to the location where such information / clarity is available? I want to be sure as I will need to make decisions based on the same. Thanks in advance!

[rahulmunjal]

is someone sure about these clauses?