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  • Question on 240 day rule

    Hi All,

    The H1 Visa in my passport is valid till June 15th 2017.I94 is also valid till June 15th 2017.

    When I travelled to US from India, I submitted for amendment and the i797 of the amendment approval notice was given till October 15th 2016.

    So my immigration team asked to file the Visa extension based on the amendment i797(which is October 15th2016). Hence the extension was submitted during September 2016(in normal mode) and it is currently in process with USCIS.

    My question now is when actually the 240 day rule starts.Is it starts from October 15th 2016 or June 15th 2017.Please note that i94 expires on June 15 2017 an amendment i797 expired on October 15th 2016.

    I need to covert my extension to premium based on this..

    Thanks
    Guruprasad.B

  • #2
    Originally posted by [email protected] View Post
    Hi All,

    The H1 Visa in my passport is valid till June 15th 2017.I94 is also valid till June 15th 2017.

    When I travelled to US from India, I submitted for amendment and the i797 of the amendment approval notice was given till October 15th 2016.

    So my immigration team asked to file the Visa extension based on the amendment i797(which is October 15th2016). Hence the extension was submitted during September 2016(in normal mode) and it is currently in process with USCIS.

    My question now is when actually the 240 day rule starts.Is it starts from October 15th 2016 or June 15th 2017.Please note that i94 expires on June 15 2017 an amendment i797 expired on October 15th 2016.

    I need to covert my extension to premium based on this..

    Thanks
    Guruprasad.B
    15 Oct 2016.
    The latest I94 overrides the previous ones as per the last action rule.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      15 Oct 2016.
      The latest I94 overrides the previous ones as per the last action rule.

      This is my opinion not legal advice.
      Hi Raghvi,

      My i94 did not change after the amendment approval. It still ends June 15th 2017.

      After my amendment got approved, I also went to India and came back. i94 did not change.


      Thanks
      Guruprasad.B

      Comment


      • #4
        Originally posted by [email protected] View Post
        Hi Raghvi,

        My i94 did not change after the amendment approval. It still ends June 15th 2017.

        After my amendment got approved, I also went to India and came back. i94 did not change.


        Thanks
        Guruprasad.B
        I was only interpreting it based on your statement " i797 of the amendment approval notice was given till October 15th 2016."

        I believe you left US and upon re entry and were given a new I-94 till June 2017 based on your visa whereas your latest I797 (post amendment) is valid only till Oct 2016. This probably was a mistake by the POE officer to give an I-94 beyond ones I797. Considering the current scenarios, if I were you, I would play safe and keep Oct 2016 as the validity date in mind . I would advise getting the extension upgraded to premium to not have the 240 days issue.

        This is my opinion not legal advice.

        Comment


        • #5
          Originally posted by raghvi View Post
          I was only interpreting it based on your statement " i797 of the amendment approval notice was given till October 15th 2016."

          I believe you left US and upon re entry and were given a new I-94 till June 2017 based on your visa whereas your latest I797 (post amendment) is valid only till Oct 2016. This probably was a mistake by the POE officer to give an I-94 beyond ones I797. Considering the current scenarios, if I were you, I would play safe and keep Oct 2016 as the validity date in mind . I would advise getting the extension upgraded to premium to not have the 240 days issue.

          This is my opinion not legal advice.
          Thanks Raghvi. That is what I also thought to play safe. Anyhow I am working to covert it that to premium.

          Comment

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