H1B Extension legal

[civilu]

Hi,

My last visa with company was expired on 2/25/13 , before that in January we applied for extension.But it has RFE on it and waiting for an answer.What is my status i mean can iwork in this period until its approved ? Will my end client accept it in case of they ask for my status papers.Since all I have is 797-C ( reciept of application)

[wiweq]

In case of extension, you are eligible to work unless you get negative result. Let your employer take care of their client's immigration needs.

[cooldude76]

There is a 240 day rule. You cannot work beyond 240 days of your H1 expiry.

[wiweq]

There is a 240 day rule. You cannot work beyond 240 days of your H1 expiry.

That is 180 days. You can't work after 180 days of expiry of I94. This rule is only applicable if I94 is expired for more than 180 days (by the date printed on I94).

[pontevecchio]

In case of an appropriately filed non frivolous extension you have 240 days before you have to stop work.

[catx]

That is 180 days. You can't work after 180 days of expiry of I94. This rule is only applicable if I94 is expired for more than 180 days (by the date printed on I94).

cooldude76 is correct. There is a 240 day period associated with H-1B visa extensions. If the extension is filed before the current H-1B visa expires, then you can remain working (in your current job) for up to 240 days while the USCIS processes the extension. The one proviso is that you cannot travel outside the U.S. during this period until the USCIS approves your H-1B visa extension and you receive your new I-797 with I-94. This also applies to associated H-4 visa extensions (expect of course for the working part).

I had to look up the actual USCIS information on the 240 day period when my first H-1B visa extension was filed a few weeks (versus 6 months) before my expiry date, and my daughter had to renew her drivers license before the extension was approved (fortunately they accepted the filing receipt notice for renewing her drivers license).