H1B Extension Post I-140 approved, 240 day rule apply?


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My H1-B maxout date (6 years) is May 10, 2016. 
My I-140 just got approved.

As normal processing of H1-B takes on an average 4-6 months, do i have to file H1-B as premium to get a positive outcome before maxout date? Or can i apply in regular processing and can still stay in US based on 240 days rule while waiting for the decision.

Does 240 day rule apply in case of maxout of H1B also?


Sharma P.

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Applying in Premium does not entitle to have a "Positive" outcome. It just expedites the whole process whether its approval or rejection. It is  more of a personal preference to go for Premium or not. With the current standings, and H1 season approaching the regular processing may be delayed. 

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Thanks for your response. I understand that premium doesn't get me a positive outcome, just means processing will be fast. 


Main question is, 

Does 240 day rule apply in case of maxout of H1B also? Can i apply in regular and wait based on 240 days response beyond my maxout date?



Sharma P.

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