H1 extension approval delay beyond 240 days

GotPR? · Jul 10, 2006

dsugandhi said:
GotPR?,

Thanks for explanation. I appreciate your reply.
Just one more query,
Can an employer file a second H1 extension petition for the same beneficiary for the same post whose first H1 extension petition is pending but I-94 is not expired yet?
Just to make more clear let me give you exact example:

Person X is working on H1 with company ABC whose I-94/H1 is expiring on August 27th 2006. ABC company filles a H1 extension for person X on May 23rd 2006. On June 10th 2006 employer receives a RFE and responds to RFE. Now employer and employee is waiting for H1 extension decision.
To be on the safer side, company ABC decides to file another H1 Extension petition for employee X for the same post before 27th August 2006 (I-94/H1 expiration date of person X).

Can company ABC be allowed to file another H1 petition for person X for the same post before 27th August 2006 (I-94/H1 expiration date of person X) knowing the fact one H1 extension petition is pending for the same employee/employer for the same post?

I said CIS might not accept the petition for same person and same position from the same employer, but I do not have conclusive evidence for this. I jsut thought that way as it does not make sense to have 2 identical petitions.
If employer answered to RFE in June, I think it's still too early to consider such an option.
You can work for 240 days after 8/27 which, I think, is plenty of time in general.

You probably want to upgrade the case to premium processing if employer is willing to pay $1000.

GotPR? · Jul 10, 2006

prad74 said:
I am also in the same case. My employer told that it is fine to work beyond 240 days as he checked with an attorney. Hence don't know what status I am in.
Does anybody know AC21 memo which can be used to work beyond 240 days of earlier H1 expiry date?

Thanks

You are under authorized stay as your petition is pending, but are not authorized to work beyond 240 days.
Ask your lawyer what "8CFR 274A 12 (b) (20)" is saying. If your lawyer still said it is OK to work, please ask what the legal ground is and post it here.

imqwer · Jul 10, 2006

prad74 said:
I am also in the same case. My employer told that it is fine to work beyond 240 days as he checked with an attorney. Hence don't know what status I am in.
Does anybody know AC21 memo which can be used to work beyond 240 days of earlier H1 expiry date?

Thanks

Prad74,

Please speak to your attorney. I would truely appreciate if you could post the legal argument that your attorney is putting in this regard. As far as I have gathered from this forum, we are not authorised to work after 240 days. But of course, no one is a lawyer here. So, this is his field of expertise and he might be knowing something that we don't.
I am sure this might help a lot of people.

singhna · Aug 3, 2006

7th year extension - 240 days since expiration date

Hi All,

I had filed for my 7th year extension based on a pending labor cert, but the application is currently stuck in background check.

Meanwhile my 240 days limit since i-94 expiry is fast approeching. Is there a workaround to continue working after 240 days?
The USCIS regulations say that I cannot work for the same employer beyond 240 days? Does it mean I can get my H1 transferred to continue working under a different employer?

Please help

Thanks

imqwer · Aug 19, 2006

For the information of all,

We have got a confirmation from USCIS that one should stop working immediately after 240 days from the time his/her visa expires. There is no doubts/ ifs in this and there is no room for any maneauvers/speculations. So, if your H1 renewal is pending, you may work for 240 days only after your visa expires.
However, you may stay in the US as long as you are waiting for your pending petition.

GotPR? · Aug 19, 2006

Thanks for sharing.

brahmmaji · Nov 9, 2006

I am also in a similar Situation (Please advice)

imqwer said:
Here is my situation.

My H1B extension was filed in Oct 2005. We got receipt on Oct 15 2005. My H1 was expiring on Nov 15 2005. My case is still pending. My company enquired the status from USCIS. They say that the case is undergoing security check. I understand that I can remain in status till July 15, 2006. After that date, if my case still stays pending, I will have to leave the country because of the 240 days rule. My questions are:

1. It is not my fault that the case is still pending. So why should I have to leave? I filed in time. Is there any legal relief that I can seek or I have to leave no matter what is the status of my application. My understanding is that I will have to leave. Can anyone comment?

2. I asked my company to upgrade my application to premium processing. They replied that USCIS does not allow upgrading like that and they were refused the upgradation in a prior case similar to mine. Are they correct?

3. How much time Nebraska center is taking normally for H1b extensions ?

Any suggestions / advice from gurus is most welcomed.

Hi,
Did your issue resolved? as I am also in a similar situation. Can we stay after 240 days if the extension status is still pending?

I appreciate your help.

brahmmaji · Nov 9, 2006

Please Help on H1 Extension Pending during security checks

Hi,
Did your issue resolved? as I am also in a similar situation. Can we stay after 240 days if the extension status is still pending?

I appreciate your help.

kris7077 · Nov 14, 2006

balurams said:
Hi,

I got my labor approved 3 weeks before. My lawyer is preparing the paperworks for my I-140/I-485 filing. My H1B is about to expire in August.

Can I apply for my H1B extension with just my approved labor? Do I need I140/I-485 reciept for applying the H1B extension? I have seen in some forums that I can apply H1B extensions beyond 6 years only if my I-140 or labor is pending for more than a year. What is my situation here?

Can anyone give me some information on this?

Thanks,
balurams

you SHOULD get an H1 extension without fail. It helps you stay in status in case your 140/485 is rejected

desibabe · Jan 18, 2007

h1 extension beyond 240 days

Hello,

my h1 extension is stuck in security check, I have seen lot of you have been through similar situation, may be someone can help me...

- can i work after 240 days ?
- can i travel outside usa ?
- any way to expediate process ?
- can I change to H4 and then H1 again without getting stuck in security chk again?
- any one got h1 approved after security check yet? how many days it took?

any help will be appreciated.
thanks in advance.

PleaseHelpMeNow · Jan 19, 2007

I was not aware of the 240 day period.I was always made to understand that I was legal to stay and work till my extension was pending. This understanding was given to me by my employer.

Here is the brief about my case:

My Visa expired on the June 15 2005
My extension was filed in April end and was received by INS on May 9 2005.
There was no update from INS till Dec 2005.
This petition was made a premium one and -
Some time in January of 2006 INS informed my employer via an email that my case is under strict review. We got this email thrice before we got a verbal communication that my name is pending on a name check and this takes about 6 to 12 months and were informed that the agency which does the Name check takes a long time (agency being FBI/ or one of the 20 other govt. agencies).
We filed for another H1B which was received on May 9, 2006 and is still pending.
All this while my payrol has been running and I have been working. I stopped working in Jan of this year when I heard of the 240 day issue.

My concerns are :
1)How long can I stay here in the US as legal person?
2)I am told that FBI has cleared my name and it is pending on a background check in India. How can I find if this true? All this information is given to me by the employer and there is no written communication.
3)Do you know what should be my next step other than wait and watch?
4)Also,is it true that the H1B extension is filed and given if you are in the US?
Does it become null and void if the beneficiary is outside the country.

I will be glad if someone can help me.

Thanks

imqwer · Jan 19, 2007

GUYS WHO ARE IN THIS SITUATION KEEP THINKING THAT MAY BE THIS IS WRONG, MAY BE THERE IS SOME WAY AROUND THIS, SOME EMPLOYEES ALSO DO NOT TELL THE CORRECT INFORMATION, HERE IS THE CORRECT INFORMATION ONCE FOR ALL

You can stay in the US legally as long as your application stays pending. But staying and working are two different matters. You cannot work legally 240 days after the expiry of your H1. That too if your application was filed in time.

Cincinnati · Feb 7, 2007

Same situation

My I94 expired on 01/01/2007. My H1extention and transfer was filed on 7 Dec thru premium processing and it went in security check. My previous employer filed my GC application on 01/09/2006 with subsiture labour. All the applications 140/485/AP/EAD were on hold because of security check.

Now i have no hope that my H1 extention/Transfer will come before 240days and unfortunatly you cant do anything about it except wait wait and wait..... Good thing is i know that i have around 200 days now to pack up my stuff and get ready to leave....

I am even in worst condition as my driving license is expired and DMV is not issuing me the new one as i dont have valid I94.

desibabe · Feb 7, 2007

I129 security chck is ibis check?

dhs(dot)gov(slash)xoig(slash)assets(slash)mgmtrpts(slash)OIG_06-06_Nov05(dot)pdf

according to above articals appendix C, I129 application goes for IBIS name check only?

spizie3 · Mar 20, 2009

Same problem for me in 2009!

Hi Desibabe, Aries,

Anyone from this thread got their cases resolved yet?

Application for 3 yr extension received California center: Sep 19th 2008

Status: Pending : Security Check

Made Premium: Mar 12 Mar - No response yet

240 days up on May 28th 2009.

Drivers license expires on May 31st 2009. No renewal without valid I94.

I'l greatly appreciate if you could please respond if, how and when your cases were resolved.

munee · Jul 2, 2016

GotPR? said:
You may not be able to get clear answer for this case here. My understanding is 240 days is for max employment period under pending extension after status expiration, however, you can stay beyond 240 days as long as petition is pending.
I have never heard that the period of authorized stay under pending extension or COS is limited, but I might miss something in the law.

I'd recommend to talk to lawyer.

Regarding leaving the US, it is OK to leave, but in case you get H1 approval with I94 during you are out of the US, validity of I94 is questionable. it may be safer to follow the validity of I94 you will get at POE instead of the one attached to H1 approval.