H1B extension application pending, I-94 to expire on 2/28/11

[ER_H1B]

Hello,
We applied for an extension for an employee in October 2010. His I-94 is going to expire on 2/28/2011. What are our options (besides premium processing)? Can he still work after his I-94 expires - with the app pending? I was reading and saw posts referring to 180 days, 240 days...but not sure what that means. Where can I find more information?
I appreciate any help.
Thank you.

[shervin143]

If it is already 90 days past the extension filing date, then the attorney/employer who filed the H1B petition can take an infopass appointment with USCIS to discuss the case. Only on rare occasion it woukd take this long. These 180 days / 240 days rules doesn't work with USCIS. The employee can continue to work with you as long as the extension is pending. However, if the extension gets approved finally (let us say in March), then he is all good since the gap from the current I-94 expiry until the approval will be covered by the approval itself (which will come with a new I-94). If the extension gets denied, then all the time spend in U.S after the I-94 expiry date will be considered illegal.

Two options.
1) Take the infopass appointment and discuss the case with USCIS https://www.immihelp.com/infopass-ap...nt-with-uscis/ (or)
2) Upgrade the case to premium and get the result in 15 days.