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Staying beyond 240 days while H1B extension is pending

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  • Staying beyond 240 days while H1B extension is pending

    Currently I am employed with a company and below are my details:
    1. I-94/Visa is expired on April 7th 2017.
    2. My company applied H1B extension and case received by USCIS on April 5th 2017 and received a receipt.
    3. As case is still showing pending, so my company applied premium processing and case received on November 8th 2017. I received a NEW receipt Number and it is not same as original H1B application. When I checked status using the new receipt number, I see RFE request on November 14th 2017.

    My question: What would be legal status as case is pending and nearing to 240 days (on December 3rd, 2017), can I stay in USA or do I need to leave immediately after December 3rd, 2017? What is the impact on my employee relationship with my company?
    Also, is it correct to have 2 different receipt numbers for one case (one for original and other for premium processing upgrade)


  • #2
    You can stay in the US for as long as a timely-filed extension of status is pending. But you will not be able to work past 240 days after your status expired.

    This is my personal opinion and is not to be construed as legal advice.