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  • H1-B Extension Petition Pending

    Hi,

    I filed my H1-b petition in july 2008. My H1-b expired on Sept 2008. Its been almost 8-9 months, but i have not received any response from USCIS about my extension.

    My question is, what happens after 240 days, which is May 30th in my case, if the case is still pending. Am i out of status ? Do i have to go back to my home country ? or can i work here until my petition is pending?

  • #2
    You cannot work past 240 days.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Then what are my options past 240 days ? Or before it to be able to stay in US.

      Comment


      • #4
        PP the case. Premium Processing.
        Check out H1 FAQs first!
        http://www.immihelp.com/visas/h1b/h1-visa-faq.html

        Comment


        • #5
          If stuck in security check, PP will not help. I am not sure about the status past the 240 days. I think you are still authorized to say due to a pending case as it falls under "Authorized stay by attorney general" but it is not explicitly mentioned.

          http://edocket.access.gpo.gov/cfr_20...cfr274a.12.pdf

          These aliens are authorized to continue employment
          with the same employer for a period not to exceed 240 days beginning
          on the date of the expiration of the authorized
          period of stay. Such authorization
          shall be subject to any conditions
          and limitations noted on the initial
          authorization. However, if the district
          director or service center director
          adjudicates the application prior to the
          expiration of this 240 day period and
          denies the application for extension of
          stay, the employment authorization
          under this paragraph shall automatically
          terminate upon notification of
          the denial decision.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Is there any written document, which specifies the exact situation i have. Case is pending after 240 days. I m going to upgrade the case to the PP, but still i just want to find out if @ all petition is pending after 240 days? what are the options available ?

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            • #7
              Laws are not written based on a situation. The laws have to be applied to your situation and context. Contact your attorney that filed for the H1b.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment

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