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H1B expired - what will be the durtaion of stay

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  • H1B expired - what will be the durtaion of stay

    Hi All,

    I'm in a critical situation.

    I came to USA on F1 Student status and worked on OPT for 1 year. After 1 year I got my H1b Approved. But, my H1B visa expired upon approval, meaning that USCIS approved my H1B copy with expired date. Immediately my employer filed for an extension under premium processing but USCIS took 2 months to respond and I received an RFE. In between I had changed project from Client A to Client B. Instead of responding to RFE, My employer filed for new H1b petition through counselor processing and I'm waiting for the result. Am I Out of status now ??

    Now my question is - Should I move back to india and wait for my approval ? Or Can I stay here for total 240 days from my H1b expired date ?

    Please respond.

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