H1b extension processing nearing 240 days

[Immortal]

Hi,

My I-94 & H1 Visa have expired on Apr 1st 2012. My employer filed my extension on Mar 29th 2012 and I received RFE and the query was answered on Aug15th.

Since then, my application is in "Request for Evidence Response Review" step.

As per the USCIS rules, I am eligible to work for 240 days from the date of I94/Visa expiry (whichever is earlier). This means that I can work only till Nov30th 2012.

I have asked my employer to upgrade my application to premium processing, but they are not making any decision and delaying.

Can someone help me out with other options. As of now, I am thinking of below options, but not sure if I am making a correct step

1) Search for another employer who can process both the H1 transfer & extension through premium processing. In this case, since I have already got RFE, will there be a risk again?

2) Continue with the current employer and wait for few more days (expecting my current employer doesn't file premium processing)

Kindly help me out. Thanks in advance.

[Attorney_10]

The 240 day rule applies to the continued employment authorization only. The H1B employee may remain in the U.S. until a final decision is made by USCIS; however, s/he cannot work after 240 days. Generally, when another petition is filed while one is in a period of authorized stay it creates a bridge whereby the new extension of stay (with company B) can only be approved if the first extension of stay (with company A) is approved first. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case and the different options that may be available to you. For instance, the employer may be able to place a status inquiry with USCIS if the case is outside normal processing time.

[cooldude76]

You may not be able to go for a new employer at this stage, its better you convince your current employer to go for Premium processing.

What is the reason for your current employer not to upgrade to premium processing ?

Still if you go for a new employer and apply a new h1(cap exempt) and if you have an approval then you need to go for consular processing outside US. You will not get the I797 approval with I94.