240 Day rule in case of Amendment

[Sumit Panjwani]

Hi,

My Extension with Amendment ( California SC) was filed on July 16th 2018 and I-797 date expiry was July 28th, 2018 ( same employer). I-94 was valid till August 7th, 2018. RFE was received on Jan 17, 2019 and RFE response was filed on March 7th, reached to USCIS on March 9th, 2019 ( 2 days time). It got updated to Premium on March 13th and expectation is it will reach USCIS by March 15th ( 2 days assumption). 240 days are getting over on March 24th ( 240 days from July 28th, 2018 - if we should count from I-797 date, please correct me if wrong). 

Can i stay after 240 days notice period, if i stop working and be on Loss of Pay?   

After March 25th, will i be out-of-status?

What if i get rejection? 

What if i get approval for back date like December 31st, 2018? Will i be out-of-status from Jan 1, 2019 ?

Please clarify.

 

[User18]

4 hours ago, Sumit Panjwani said:

Hi,

My Extension with Amendment ( California SC) was filed on July 16th 2018 and I-797 date expiry was July 28th, 2018 ( same employer). I-94 was valid till August 7th, 2018. RFE was received on Jan 17, 2019 and RFE response was filed on March 7th, reached to USCIS on March 9th, 2019 ( 2 days time). It got updated to Premium on March 13th and expectation is it will reach USCIS by March 15th ( 2 days assumption). 240 days are getting over on March 24th ( 240 days from July 28th, 2018 - if we should count from I-797 date, please correct me if wrong). 

Can i stay after 240 days notice period, if i stop working and be on Loss of Pay?   

After March 25th, will i be out-of-status?

What if i get rejection? 

What if i get approval for back date like December 31st, 2018? Will i be out-of-status from Jan 1, 2019 ?

Please clarify.

 

I believe its 240 days from I-94 Expiry date (August 7th 2018). Usually there is 10 days difference between Visa Expiry date and I-94 expiry date. 

Yes you can continue to stay until u get your response. But i don't think you can work after 240 days. 

Why would you think your Visa will be approved till Dec 31st 2018?(If i understand correctly)