Time limit for H1B

[novice2007]

Hi friends,

My first 3 years on H1B expires on Sept. 23, 2010.

I have received the receipt for the extension. But not yet approved.

When am I out of status, if the USCIS takes limitless days to approve or deny my extension?

Or could I continue working till the USCIS makes a decision, even if that stretches to a year or two?

I appreciate your inputs.

[shervin143]

Usually they will send you the decision within 1-3 months. If you don't get the decision within 90 days, then your company attorney can take an infopass appointment with USCIS to discuss the case. You can continue to work until a decision is made. However, if the extension gets denied, then your stay past the I-94 expiry date will be considered illegal.

Here is what USCIS says

What if I file on time but USCIS doesn’t make a decision before my I-94 expires?

If we receive your application before your status expires, and if you have not violated the terms of your status and meet the basic eligibility requirements, you may continue your previously approved activities in the United States (including previously authorized work) for a maximum period of 240 days, or until the first of the following occurs:

• We make a decision on your application; or
• The reason for your requested extension has been accomplished.

If your application for extension is denied after your previously approved stay has expired and you are still in the United States, you will be considered “out of status” as of the date your original period of stay expired. You must cease employment (if such employment was authorized) and depart the United States immediately. In addition, any nonimmigrant visa in your passport granted in connection with your classification becomes void. Once your visa is void, you must submit any new visa application at a U.S. consulate in your home country (not a third country, except in rare instances as determined by the U.S. Department of State).