Logan12 Posted April 7, 2017 Report Share Posted April 7, 2017 Hi, My H1B extension was filed with requested validity period of 4 months from Oct 2016 to Apr 10 2017(To recapture 6 yr max). Received an RFE for additional docs on Mar 20th 2017(Got time till June to respond) i-140 approved in Nov 2016 hence not used for H1B extension. Question 1: Can i continue to stay after Apr 10 2017. Since REF is pending will 240 days rule apply? Question 2: Can USCIS give approval for past dates. Example: On 5th May 2017 can they send approval notice with approval date Apr 10 2017. If yes, will my stay beyond Apr 10 considered "out of status" Link to comment
pontevecchio Posted April 8, 2017 Report Share Posted April 8, 2017 1. The 24o days rule will not apply as the petition would have ended in April,2017. 2. The I94 with approval shows you are legal and in most cases is not issued backdated. Why is the company not filing a three year extension based on the I-140? Link to comment
Logan12 Posted April 9, 2017 Author Report Share Posted April 9, 2017 At the time of extension filing i140 was not approved.. Still could have filed for 1 year based on perm approval which is what I was expecting. But company said 1 year can only be requested if Perm was pending for 1 year. Can some one share information about what exactly is the rule for 1 year extension based on perm dates. Link to comment
Logan12 Posted April 9, 2017 Author Report Share Posted April 9, 2017 Also a new i129 form for change of dates is sent along with approved i140 to the RFE query.. Does that make me eligible to stay beyond Apr 10? Link to comment
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