H1-B Extension: Does 240 day rule apply for Amendment cum Extension as well?


Hema Reddy

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Hi,

I am Hema. My H1-B petition and I-94 are expired in September 2017. Currently, I am working on my h1-b extension receipt. On March 6 2018, I will complete 180 days after I-94 expiry. My employer (an Indian consultancy) is saying that I can work for 240 days with the extension receipt.

I was looking at 240 day rule today and noticed the following sentence regarding 240 day rule.

"Although you are out of status, you are permitted to continue your previously authorized employment for a maximum period of 240 days while your extension application is pending if USCIS receives your application before your Form I-94 expires"

My problem here is....my previously approved H1-B petition was filed for a different location (and different client). My current H1-B extension is filed for a different client and location (with in the same metro area and 5 miles from the previous location).

1. Does my case come under "previously authorized employment"?

2. Can I work for 240 days after I-94 expiry?

3. Or, I am going to complete 180 days after I-94 expiry next week. Should I leave USA immediately?

Please suggest. I need to take a call whether to stay in USA or leave immediately. Thank you so much for all the help.

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