H1B Extension & Amendment - RFE - Stay Beyond 240 Days


ss_immi_help

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Hi  Team,

My case was filed in California center,Due to large volume my case moved to Nebraska in Nov and got RFE in Dec. My 240 days on mid Feb 2019.  My i94 expired in Jun 2018. USCIS provided the deadline to respond my RFE by March 2019 after 240 days.

My question is,

Can I able to stay after 240 days in any of below reason? 

1. Since my RFE response deadline date is after 240 days?

2. If my home office work site location was amended with existing petition and filed along with my extension. There is no client location or office work site location change.  

 

Appreciate, your response on this. 

Thanks in advance

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47 minutes ago, ss_immi_help said:

Hi  Team,

My case was filed in California center,Due to large volume my case moved to Nebraska in Nov and got RFE in Dec. My 240 days on mid Feb 2019.  My i94 expired in Jun 2018. USCIS provided the deadline to respond my RFE by March 2019 after 240 days.

My question is,

Can I able to stay after 240 days in any of below reason? 

1. Since my RFE response deadline date is after 240 days?

2. If my home office work site location was amended with existing petition and filed along with my extension. There is no client location or office work site location change.  

 

Appreciate, your response on this. 

Thanks in advance

1- You can stay in USA past 240 days , however you cannot work. After the 240th day, you must wait for the USCIS decision without engaging employment .

2- As your i94 is expired, you must wait for the decision on your ongoing under RFE h1b extension. There seems to be no other way beside 1.

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 Hi,,

As per my understanding we are not allowed to stay beyond 240 days post i-94 expiry in the situation where approval/updated i-94 is not received.

The only possibility is because your case has been moved to Nebraska your employer can try if that can be converted for premium processing in case nothing was changed and is simple extension (you may need your attorney's input) but that is the only possibility I see to expedite the process and get the result as quickly as you can once RFE response is submitted. 

 

Snap from USCIS website :

 

image.png.1d2cdd2c8666131fccd4f95862345130.png

 

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