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Will 240 day rule apply to me

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  • Will 240 day rule apply to me

    Hi,

    I was on L1B visa which expired on 6th Sept 2015 and the I-94 also expired on 6th Sept 2015. My employer filed an extension for the same in time. While I am waiting for my decision on this petition I got my H1 B approval on 28th Oct 2015 with a change of status for which my I-94 is valid till 29th Oct, 2016.

    We got a RFE for my L1 B extension last date to file that RFE is 7th May 2016. My employer is filing the response to that RFE.

    As per the 240 day rule I cannot work after 240 days of my I-94 expiration i;2 3rd May, 2016. My employer has not intimated me about the 240 days expiring on 3rd May.

    I wanted to know -

    1. Will the 240 rule apply to me. My current status is H1 B and the I-94 is valid till 28th Oct, 2016
    2. Can the RFE filing date be beyond 240 days of I-94 expiration
    3. Do I need to return to India this Sunday and get my H1 B stamped and then come back to US and start working again
    4. Also does the counting of 240 days stop the day RFE is issued and restarts when we respond to RFE

    I have written to my employer about clarifications. Any help appreciated.

    Thanks,
    Last edited by samsam14; 04-28-2016, 09:46 PM.

  • #2
    Originally posted by samsam14 View Post
    Hi,

    I was on L1B visa which expired on 6th Sept 2015 and the I-94 also expired on 6th Sept 2015. My employer filed an extension for the same in time. While I am waiting for my decision on this petition I got my H1 B approval on 28th Oct 2015 with a change of status for which my I-94 is valid till 29th Oct, 2016.

    We got a RFE for my L1 B extension last date to file that RFE is 7th May 2016. My employer is filing the response to that RFE.

    As per the 240 day rule I cannot work after 240 days of my I-94 expiration i;2 3rd May, 2016. My employer has not intimated me about the 240 days expiring on 3rd May.

    I wanted to know -

    1. Will the 240 rule apply to me. My current status is H1 B and the I-94 is valid till 28th Oct, 2016
    2. Can the RFE filing date be beyond 240 days of I-94 expiration
    3. Do I need to return to India this Sunday and get my H1 B stamped and then come back to US and start working again
    4. Also does the counting of 240 days stop the day RFE is issued and restarts when we respond to RFE

    I have written to my employer about clarifications. Any help appreciated.

    Thanks,
    What was your status between 6th Sep and 28th Oct 2015?

    Comment


    • #3
      Originally posted by raghvi View Post
      What was your status between 6th Sep and 28th Oct 2015?
      Awaiting the response to my L1 extension. A

      Comment


      • #4
        Originally posted by raghvi View Post
        What was your status between 6th Sep and 28th Oct 2015?
        .

        Comment


        • #5
          Originally posted by samsam14 View Post
          Awaiting the response to my L1 extension. A
          That is not a valid status. Technically your COS to H1 should not have been approved from 28th Oct 2015, because your were not approved in a valid status on 27th Oct 2015.

          I would suggest you talk to an attorney to understand your options.

          This is my opinion not legal advice.

          Comment

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