240 days rule of H1-B when 6 years expiring

preeti1506

New Member
Given: Employees PERM process not initiated by employer and employee is nearing completion of 6th year of H1-B CAP. Employee has an extension filed with USCIS (awaiting decision) for 2 months to claim recapture time outside of US.

Can that H1-B holder continue to work for 240 days or until the decision of extension (whichever comes first) if his 6 years of H1-B CAP expires while waiting for recapture time extension decision or employee should stop working immediately after CAP expires even if USCIS has not returned any decision yet? Please advise.
 
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