240 day period after H1B extension

[Veer]

Hi,

I have a question regarding the 240 day grace period for the H1B extension. I wanted to know how this 240 day grace period is calculated. Is it calculated from the date of applying for the H1B visa or is it calculated from the day the I-94 expires.

My concern is i have applied for my H1B extension on June12th 2012 and on Nov 26th i get an RFE (and USCIS takes 10-15 business days to send the doc of what is required for the RFE). So by the time the company reply's back to the RFE would be mid of December or end of december. Now i want to know where i stand in the 240 day grace period over here.

Any response on this would be of great help.

[rahul412]

Any response on this would be of great help.

8 C.F.R. § 274a.12(b)(20)

(20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to §§214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization. However, if the district director or service center director adjudicates the application prior to the expiration of this 240 day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision

So, 240 days from the date the I-94 expires

[cooldude76]

240 days are to be calculated from the day the i-94 expires. When does your I-94 expire ?