H1b transfer - only 2 weeks remaining for 240 days timeline

[murale]

Hi ,

I got RFE for my H1b transfer and have only 2 weeks for 240 day rule. My employer planned to respond RFE in PP this Monday but USCIS stopped premium processing from Friday due to outbreak . Can I work if there is no response from USCIS after 240 day timeline (I have valid I-94 till June).

My employer asked me to stop working till I get my visa approved but I can stay till I hear from USCIS it seems.

But looking at current situation I don't think USCIS will respond for my case for alteast few weeks/months.

I would like to know 240 day rule applies to visa transfer also and stop working but stay until i hear from USCIS?  

[JoeF]

After the 240 days you have to stop working.

 

[Attorney_15]

If an H1B petition is an extension without change then employment extends for 240 days past the I94 expiration date. Generally, though, if the extension petition is for a change in employment, then work authorization extends to the end date requested on the I-129. The 240 day rule does not generally apply to change of employer petitions.

[murale]

14 hours ago, JoeF said:

After the 240 days you have to stop working.

 

Even for change of employer ?

[murale]

2 hours ago, Attorney_15 said:

If an H1B petition is an extension without change then employment extends for 240 days past the I94 expiration date. Generally, though, if the extension petition is for a change in employment, then work authorization extends to the end date requested on the I-129. The 240 day rule does not generally apply to change of employer petitions.

My H1B petition is change of employer(Transfer) not extension. I still have I-94 that expires on June.

[gopalakrishnach]

Can I work if there is no response from USCIS after 240 day timeline (I have valid I-94 till June). .. NOPE.

After 240 days you must stop working. I guess you can stay. I may be wrong.

 

[Attorney_15]

The law regarding 240 days applies to petitions filed by an employer requesting an extension of status with a continuation of employment without change. 

The H1B Portability rules for work authorization are separate from the 240 day rule.