H1B Expiring! Need Advice

[pukhtoon101]

Here is my issue:

My H1-B and my wife's H4 expires Jan 09, 2005. My company has already filed an extention application for both me and my wife back in Sept, 2004.

If we don't receive our extensions by the time our current H1-B and H4 expires are we our of status i.e. me and my wife.

Someone told me if the H1-B and H4 application has already been filed then even if our current statuses expire we are still NOT OUT OF STATUS.

If someone can confirm or deny that, I'd really appreciate it.

Thanks

-P

 

[pukhtoon101]

Follow Up Question

First and foremost... thanks unitednations.

Can you tell me if the 240 days limit starts from the day INS received the extension applications or from the actual date the current H1 & H4 expires.

Also, currently our passports have the old I-94s in them i.e. the ones that expire 01/09/2005. What happens to our I-94s after our current status has expired.

Do we have to get new I-94s ourselves our will INS send them to us when they approve our respect statuses.

Thank you,

 

[AM4GC]

What is 240 day rule? Could UN please clear it?

If you apply for extension for H1B before say 1-2 month of expiry when you know it takes >5 months to get apprval, you sra still in status.

then what is this 240 day rule?