H1 Extension And I94 Expiry


dkm1368

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Hi, can someone please help me with following question:

 

I am close to the end of my 6th yr H1. and H1 extention petetion is filed just few days before my I-94 expiration date based on I140 approval. I heard that I will be able to continue work under 240 day rule. 

 

1. If for some reason my H1 extention petetion get denied after some time, will my stay betweeen i94 expiry and USCIS decision date will be considered as unlawful presence or will it be actually from USCIS decision date it will be unlawful?

 

-Thank you.

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