H-1B extension and 240 days

C

cackat

Registered Users (C)
Hello!
I have a question. My H-1B extension was filed 7 days before the expiration day of my first H-1B visa. It was filed in California on 11/04/02. I still don't have any answer from BSIC. I heard that I have only 240 days after day of expiration of H-1B visa to continue to have a legal status in USA. Should I wait for the extension and not worry about status since it was filed on time or should I file premium processing in order to get extension within 15 days?
Please, share with me your experience and knoweledge on this question.
Thanks
 
It should get approved by 240 days. It is all a question of comfort and convenience. Some cannot tolerate longer nail biting seasons, some feel that they will cross the bridge when they come to it...
 
Jaxen,

Can cackat work with the same employer within this 240 days?

Cackat,

Did you work before the h1B extension approved and after the previous one expired?

Thanks.
 
Last edited by a moderator:
If u have a pending H1 and the old H1 has expired - u can continue working, as long as u get the receipt from the BCIS for the pending H1.
 
Badobo,
Thank you for your reply.
Now my question is why so many people go to premium processing. With a H1-B extension receipt, seems person can work and don't need worry (much) about the time of approval.
 
H1 processing takes about 5 to 8 months now. SO, travelling out of US during that period is risky.
U have to be in tension for that whole time period thinking of what happened to ur approval. So, people opt for premium processing for convenience and peace of mind!!!
 
As I know, you can work for the same employer if your extension was filed on time. The problem is if your case is pending more than 240 days after expiration of your visa. This is my case now. The company's lawers advised my company to take me off the payroll after 240 days. They said that after 240 days the person with pending case is in legal status, but not allowed to work :(...
My RD was 11/05/03 in California Center and I didn't hear a word from them since then.
Good luck to all!
 
wittAAAA,
To answer your question, I worked all 3 years and continue to work for the same employer.
 
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