working on H1b extension receipt

[blue10]

I have a very basic question, but want to make sure my understanding is correct. My current H1B visa for the first 3yrs will expire on Sept 6th, my employer has applied for extension and got the receipt notice. It's been 3 months but I haven't received I797 yet. I'm guessing i can continue working in H1B using the receipt notice for atleast 6 more months even though I don't have the I797. My other question is, if by any chance my application gets issued a RFE, would i still be able to continue working using the receipt notice or it would forfeit my work eligibility.

[pontevecchio]

240 days after your petition expires. Visa is the passport stamp.

[blue10]

I would greatly appreciate if someone takes a minute to answer...thanks!!

[blue10]

Thanks Pontevecchio, would i be able to continue working till 240 days even though my case gets an RFE? Just thinking about worst case.

[pontevecchio]

Yes. You can continue for 240 days or till denial whichever is earlier. Not that I am suggesting it will be denied. You start being considered out of status after that. Convert to PP.

[blue10]

Thanks Pontevecchio. Can you explain a little about how PP would help? My legal team is not the most knowledgeable and i would like to be able to make a strong point when i ask for PP. It will certainly fasten the processing, but if there is an RFE (which depends on the case), even PP would result in an RFE too right, if USCIS considers that something needs to be verified? Also, my current H1B visa expires on Sept 6th, i think even with PP, i won't be getting the 797 form by the 6th, since it's only 5 more business days.

To give a little information about my background, I work for a major electric utility in a full time position. I have been with them for the past 4yrs and my first time H1B approval went through fine. Last November, i got a promotion and my job is considered an experienced position. We don't have detailed job descriptions in my company, so my HR ended up tweaking the generic job description to make it stand out from the job description used when filing for the visa the first time around, which was an entry level position. I completely qualify for this new position and my filing was done with all the true information. My application was filed with Vermont Service Center, which is currently still going through the APril applications, and mine was filed in May.

I would greatly appreciate any advice/explanation.

[pontevecchio]

You can wait if you want. You will have 240 days after September,6. It is not a requirement that the extension be approved before the previous petition expires. In view of your facts you should not be worried.