I 94 expired - H1B extension pending from USCIS

[nits_7809]

It's related to my I-94 expiration and H1B extension application. 
My I-94 expired mid of May 2016. H1B extension was filed before this date (around April 2016)  but the approval is pending for past 8 months from USCIS.

My question is regarding the 240 day rule, which could mean that I'll be out of status if I don't get the extension approved by mid Jan 2017. Do I need to take an action e.g. upgrading to premium processing at this time so that it gets process before Jan 2017 or not worry about it hoping that USCIS will turn it around before 240 days ?

Also, meanwhile, I got my I-140 approved but holding off to file 3 year extension because of the above mentioned pending extension application. Is that the right thing to do or is there any way a second H1B extension application (probably in premium processing) while the first one is still pending ? Are there risks ?

Thanks in advance for response.

[ms130279]

Hi,

I have the same situation as yours. 

Below is the details on my case.

1. My H1B VISA and I-94 got expired on May 19th 2016.
2. My Employer has filed H1B extension on March 2016 - couple of months before my I-94 expiration
3. USCIS mailed us an RFE on Nov 17th 2016 - almost after 8 months.
4. We submitted the response and USCIS received it on DEC 27th 2016.
5. My 240 days deadline is going to expired on Jan 19th 2017.

As per the USCIS/DHS rule and discussions on online forums like this, I got that I can not continue my work beyond Jan 19th 2017 (After 240 days complete). The answer I am really looking for is for the question.

Is it legally possible to stay in US even after you hit the 240 days deadline and still waiting for a decision on your H1B ext?
If yes, then is there a limit on how many days I can be without work? or till I get the decision?

I would really appreciate any guidance or thoughts just in case somebody or somebody's contact might have faced similar situation in the past.