Max. length of stay after filing extension

[kittuvish]

Hello,

My friend has filed for a H1 extension earlier this year and its ~200 days since she has filed it but has not got any response after submitting details on the RFE. How long can she stay in this status since her visa has now expired? Someone told her she can stay for 240 days after her visa expires provided she does not get a response on the visa extension. Can someone please validate this?

Thanks
Vishal

[shervin143]

If the extension is finally denied, the time spent in U.S after the I-94 expiry date will be considered illegal. If it is more than 90 days, the company attorney can take an infopass appointment with USCIS to discuss this case. The below answer is from USCIS website.


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).