H1 extension delay, I-94 expired 240 days completed, Can I work legally and stay?


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Can you please help me to find the answers for below questions for me?

Case Details:

1) H1 Filed for extension on: July-28-2011

2) H1 application converted to Premium: March-20-2012

3) I-94 Expiry Date: August-03-2011

4) 240 days complete by MAR-30-2012

5) 6th year will complete by August-30-2012 (as I entered US on August-30-2006)


1) I-94 valid was up to 08/03/2011, 240 days will complete by Mar 30th , 2012,

a. Can I work and stay in the US after MAR 30
, 2012

2) If this petition gets RFE or Rejected ,what are the options?

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According to the details listed above you should be considered to be in a period of authorized stay. However, after 240 days of a pending extension petition with the same employer you will no longer have work authorization until the petition is approved. If you have additional questions it is advisable to speak directly with a qualified U.S. immigration attorney.

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