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

D

dkvisa

New Member
Hello!

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!

Regards,
dk
 
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.
 
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