240 day period to stay in US while H-1B Extension is still in pending status


New Member

My employer has filed my H-1B extension under Regular processing with California Service Center on Oct 10, 2018. But my current I-94 expires on Feb 5, 2019. At present, the USCIS is suspended Premium processing for California petitions and the service will resume back after Feb 19, 2019.

1. Will I eligible for 240 day period to stay is US and continue to work under the same employer even after my I-94 expires, while my case decision is still in pending status.
2. Will I get an NTA from USCIS, if I stay in US even after my I-94 expired?
3. Based on the current situations, in such cases many of the employers are advising to their employees to visit India and come back to US after H-1B petition got approved. What would you recommend in my case?

Thanks for helping!

1. Of course, that is the whole purpose of the 240 day period, whivh begins when your I-94 expires.
2. No, you will in H1-B pending status, which is completely legal.
3. There is no need to do this. Your h1-B should have been submitted with COS, so there will be seemless transition to your new validity period.

What scaremongering is going on!?
Sorry, I didn't understand your 3rd point. In what cases, can I apply my H-1B extension with COS? Can you please elaborate more on this point.

Thanks for the details!
If your sponsor submitted your I-129 while you were in status, and provided a copy of your I-94, your H1-B renewal will come with an updated I-94, and thus you can stay in US on that new extended status, without having to leave US.