Overstay with case pending

[SamH1]

Hello All,

Please advice me on this below scenario.

. My previous H1b visa and the I-94 expired on Sep 9,2016. Applied H1b transfer with extension(recapturing of 224 days spent outside USA) on Jan 26,2016. I started working with current employer with receipt notice.Till now I didn't get the decision on that we have now upgraded to Premium and got RFE my current employer is working on RFE and expect to reply back in 2 to 3 weeks.

Meanwhile is there any time limit on my stay or continuing the work like 180 days or 240 days of illegal stay and 3 or 10 years of ban after I94 expires.Because my 180 days of overstay from I94 expiry is March 9,2017.

Some forum says I can still work with same employer past i94 for 240 days, but i'm confused are they talking about my previous employer with whom i had the approved petition or it is fine with the current employer as well.

 

2. Just in case if my current H1 transfer which is in RFE now gets denied, can i apply for another H1 with same or different employer within 30 days of denial and get approved with premium processing? and this would still be COS?

 

Thanks

Sam

[JoeF]

You are legal while the H1 extension is pending. That means there is no overstay.

If the new H1 isn't approved yet, you have to stop working 240 days after the old I-94 expired.

 

 

[SamH1]

Thank you very much Joef.