H1B extension


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Hi,

I have filed for H1B extension on 23 rd Aug 2017 and got an RFE on 13 th March, 2018.

My employer has not yet sent RFE response back to USCIS.

My I94 had expired on 8th October 2017.

240 days after I94 expiry will be completed on 5 th June 2018.

1) Can I stay in US after 240 days if my RFE decision is pending before USCIS?

2) What should I do if I do not get any decision from USCIS before 5th June(after 240 days of I94 expiry)

I am expecting more delays since from 1st April visa for H1B 2019 will be started.

3) Is there any relation between premium processing and Visa rejection?

 

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  • 1 month later...

1. Yes you can stay in the U.S after 240 days but cannot work (legally) until you get  your final decision on your case. I'm not sure but my employer was saying we still can work after 240 days. 

2. Best advice is to convert your petition to Premium Processing to be on the safe as the decision should be made within 15 days. So, I believe you still have time.

3. No

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  • 4 weeks later...
On 3/21/2018 at 5:10 PM, Debamalya said:

Hi,

I have filed for H1B extension on 23 rd Aug 2017 and got an RFE on 13 th March, 2018.

My employer has not yet sent RFE response back to USCIS.

My I94 had expired on 8th October 2017.

240 days after I94 expiry will be completed on 5 th June 2018.

1) Can I stay in US after 240 days if my RFE decision is pending before USCIS?

2) What should I do if I do not get any decision from USCIS before 5th June(after 240 days of I94 expiry)

I am expecting more delays since from 1st April visa for H1B 2019 will be started.

3) Is there any relation between premium processing and Visa rejection?

 

is your extn approved?

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