H1B - 240 day rule

[Richausa]

Hi

Need your urgent advise on my case.

My I94 has expired on Feb,2017 and extension was filed before expiry. However got RFE in June after expiry. As employer A was unable to answer RFE they have asked me to file for transfer with company B . Company B has filed for transfer and got receipt by July 28th.Now with new transfer received RFE again in October. Employer B is unable to respond to RFE and they have advised me to switch to H4 before they withdraw the case from USCIS.
(1) If my husband file for H4 and if I get a receipt before withdrawal will I be out of status?
(2) Does the 240 day rule apply in my case.. if so I am in US more than that..in this case do I need to exit the country immediately?
(3) In future, am I eligible for cap exempt as I have not completed 6 years cap.

Thank You.
Richa

[newacct]

1. You have been out of status ever since your I-94 expired in February. But "out of status" is normal for people doing extension of status or change of status. It doesn't mean anything bad.
2. There is no "240 day rule". You can stay in the US for as long as a timely-filed extension of status or change of status application is pending; there is no time limit. Employment authorization is extended for 240 days for people doing H1b extension, but that's just for employment. However, only your first extension of status application was timely (filed while in status). The other extension of status and your proposed change of status to H4 would be untimely since they are filed after you are already out of status; USCIS is unlikely to accept untimely applications, and the pending untimely application does not (unless USCIS accepts it and it is ultimately approved) protect you against accrual of "unlawful presence". You should probably leave the US and get an H4 visa to come back.
3. I believe so

[Richausa]

1. You have been out of status ever since your I-94 expired in February. But "out of status" is normal for people doing extension of status or change of status. It doesn't mean anything bad.
2. There is no "240 day rule". You can stay in the US for as long as a timely-filed extension of status or change of status application is pending; there is no time limit. Employment authorization is extended for 240 days for people doing H1b extension, but that's just for employment. However, only your first extension of status application was timely (filed while in status). The other extension of status and your proposed change of status to H4 would be untimely since they are filed after you are already out of status; USCIS is unlikely to accept untimely applications, and the pending untimely application does not (unless USCIS accepts it and it is ultimately approved) protect you against accrual of "unlawful presence". You should probably leave the US and get an H4 visa to come back.
3. I believe so

Second extension of transfer i.e., h1b transfer with new petition was filed and got the receipt before the RFE response due date i.e, sept 2017 with previous employer. Will this still be considered as out of status?
Current RFE response due date is by Jan 2018, so that's why before they withdraw planning to apply H4 and get receipt number. Once H4 is approved if required will leave US and get it stamped and comeback. Will this option still be considered out of status?
Or the best option is to exit country get it stamped and come back?

[scientist2016]

Second extension of transfer i.e., h1b transfer with new petition was filed and got the receipt before the RFE response due date i.e, sept 2017 with previous employer. Will this still be considered as out of status?
Current RFE response due date is by Jan 2018, so that's why before they withdraw planning to apply H4 and get receipt number. Once H4 is approved if required will leave US and get it stamped and comeback. Will this option still be considered out of status?
Or the best option is to exit country get it stamped and come back?

As newacct responded above, only your first petition was filed in time. For the rest of the petitions you will be considered out of status. Whether to accept them or not is at USCIS' discretion.