240 days about to over from i94 expiration date - H1B extension decision still pending


aroraji

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Hi,

 

My i94 got expired on Oct 6, 2015 and my H1B extension was filed on Sep 10, 2015 with USCIS

 

I recently got the processing changed to Premium and then got RFE on May 7, 2016. The RFE response has been sent by my employer today (May 25 2016) in PP.

 

As per 240 days rule, June 2 2016 will be the date of 240 days from Oct 6, 2015

 

My question is - 

 

a) As the chances of getting decision is very less before June 2 (considering Memorial day long weekend also in mind), in case no decision is made, Can I stay in US after June 2 and just stop working or I have to go back to India and wait there for decision and then come back after stamping. https://www.uscis.gov/sites/default/files/USCIS/Resources/C1en.pdf

 

b) If I got approval on June 1 or 2 and it reflects in USCIS website, is it fine to stay in US based on that or should I i797 should also reach to my employer before that which will have new i94 validity date.

 

Regards

Arora Ji

 

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