H1-B Extension Petition Pending

[txh1b]

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.

[h1bee]

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 ?

[txh1b]

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_2005/janqtr/pdf/8cfr274a.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.

[DMX17]

PP the case. Premium Processing.

[h1bee]

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

[txh1b]

You cannot work past 240 days.

[h1bee]

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?