how many days I get after h1b 240 day rule?


Recommended Posts

Hi, I understand there is a 240 day rule, which says:

If h1b extension is in progress, and I-94 expiry date passes, and 240 days from that date is also passed, but still h1 extension is still in progress, there was not a decision made. Then that person can not work after 240 days, he has to go on "leave without pay" .

My question is:

After all this, If h1b extension decision comes as "approved", all is well and good. But if it comes as "not approved", will i get any additional 60days to find another employer to transfer h1? Or they will have to leave country within 1~2 weeks something like that?

Anyone has any idea on this? please help????

Link to comment
On 3/23/2021 at 11:53 AM, wisheme said:

will i get any additional 60days to find another employer to transfer h1?

No, you start accruing illegals stay from the date your petition denied (if already crossed 240 days). One should be prepared to leave immediately to avoid future issues. 

Or you can have parallel petition filed. 

Above is just general idea, your options can be different based on facts of your case, consult an immigration attorney. 

Link to comment

Thanks a lot for all replies! I understand, immigration attorney will be the right/ultimate person to help with this case. But just my thoughts below....

Feels little unjust if the person has to be prepared to leave IMMEDIATELY to avoid future issues, coz they might have stayed 4 to 5 years already, and will need time to settle things before leaving the country. I strongly feel, USCIS should give consideration and provide some days, like 30 or 60 for these people without accruing illegal stay.   Because its not a mistake of their own, its completely due to external factors, could be delays in attorney side, USCIS side, they couldn't provide decision within 240 days.

Why I am saying the above is, think about it, if the decision was given as "not approved" on 230th day, then (as per my understanding) the person gets 60 days before leaving the country without accruing illegal stay, right? ------------- is this correct?

Link to comment

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.