No response before current H1 Expiry ???

[niha10]

Hello,

My H1 is expiring on Sept 12th 2012. My employer has filed for LCA as it needs to be in the new DOL system. Once the approved LCA is received, my H1B extension application will be filed. So I am looking at sometime around Aug 1st week for my H1b extension application to be filed. My employer will be filing under Premium Processing.

My Question is,

1) If I do not receive response before Sept 12th, what is my Status? Will I have to leave the country? Can I continue to work?

2) If I get an RFE before Sept 12th and we are in the process of responding to RFE etc, what is my status in this interim period? Can I continue to work or will I be Out of Status?

Response from anyone would be greatly helpful.

Thanks

Niha

[SameerH1Bworker]

No, you do not have to leave the country. There is a 240 days rule which applies when you've petition pending & expired I-94. Check with attorney though.