Does 240 days grace period applicable in Transfer too?Does it start from H1B Filed Date or I94 Expiry date?

[pvac26]

Hello Everybody,

Firstly, Happy New Year. I did go through good number of posts over here. I felt my questions (esp. 2nd part) are different in this situation. So posting a new topic.

Secondly, I have a couple of basic questions. H1B Transfer from Company A to Company B was filed in July-2nd week-2017 . Got the RFE and Replied RFE on Dec-14-2017. But, we have not received any response from California SC yet. But, my I-94 is going to expire on Feb-08-2018.

• Does 240 days grace period applicable in H1B Visa Transfer cases too?
• If so, does that 240 days period start from H1B Filed Date or from I94 Expiry date?

 

In this situation, while decision is still pending with USCIS, if I file another H1B Transfer from Company A to C....then

• If the Transfer from A to B get denied...then will the Transfer from A to C also automatically gets denied?
• If the Transfer from A to C get denied...then will the Transfer from A to B also automatically gets denied?

 

Kindly advice. Time has become very critical and sensitive in my case. So, posting it over here.

[pontevecchio]

Since you started working for B, you have 240 days from the time of the transfer. They can convert to PP. You can have any other company file and get a H1 approved in PP. Then you go and get the visa and return. 

[pvac26]

10 minutes ago, pontevecchio said:

Since you started working for B, you have 240 days from the time of the transfer. They can convert to PP. You can have any other company file and get a H1 approved in PP. Then you go and get the visa and return. 

• Thanks a ton for the response pontevecchio. So, what you are saying is,
• 240 days rule is applicable to H1B Transfer also not only Extensions/Renewals.
• And 240 days clocks start from H1B Transfer filed date ...but NOT from I-94 expiry date.

Kindly confirm interpretation. Thanks in advance again. The reason why I am trying to ask these questions so precisely is some of the members in forums has said that 240 days rule does not apply to H1B Transfers. So, I am in a confused state of mind

[NotAnAttorney]

On 1/9/2018 at 9:06 PM, pvac26 said:

• Thanks a ton for the response pontevecchio. So, what you are saying is,
• 240 days rule is applicable to H1B Transfer also not only Extensions/Renewals.
• And 240 days clocks start from H1B Transfer filed date ...but NOT from I-94 expiry date.

Kindly confirm interpretation. Thanks in advance again. The reason why I am trying to ask these questions so precisely is some of the members in forums has said that 240 days rule does not apply to H1B Transfers. So, I am in a confused state of mind

Yes, you understanding as explained in the bullet points is right.

[pvac26]

On 1/11/2018 at 1:35 PM, NotAnAttorney said:

Yes, you understanding as explained in the bullet points is right.

Thank you

[H1-KK]

I think 240 days applies to only extensions with same employer. Clock start from the I-94 expiry date. See this chat 

https://www.murthy.com/2017/12/07/my-h1b-change-of-employer-petition-has-been-pending-for-more-than-240-days-do-i-now-need-to-stop-working/

[pvac26]

On 1/17/2018 at 10:58 PM, H1-KK said:

I think 240 days applies to only extensions with same employer. Clock start from the I-94 expiry date. See this chat 

https://www.murthy.com/2017/12/07/my-h1b-change-of-employer-petition-has-been-pending-for-more-than-240-days-do-i-now-need-to-stop-working/

Yes. " For a change of employer, one generally could continue working while the petition remains pending. "

[aishuuu143]

Hi,

Another query regarding in addition to the same situation.

Even if the I-94 expires and H1B transfer is beyond 240 days. Still can an employee work in the United States?

Appreciate your reply.

[nefan]

@H1-KK is there an official doc /law that says this about the 240 day rule not applying to the H1 transfer? I am in this situation and my attorney at work has told me there is not such rule.