Hi Anil,
My H1b max out date is 3/10/2019 and my extension got filed in last week of January this year based on I-140 Approval. I would like to to know shall i continue work for 240 days until i get visa approval?
is 240 days rule applicable for H1b max out category as well? Kindly help me understand this rule. Appreciate your time and help!
You can use H1B 240 day waiting time if your H1B is maxing out and your H1B extension has been filed using approved i140.
Thanks Anil!
but my attorney said that 240 days rule is not applicable for me.
“The 240 day allowance is only permitted if the Beneficiary will not be maxing out of H1 or L1 time before the 240 day period”
Could you please let me know the USCIS guidelines about 240 days rule specifically for H1B maxout category or any link for reference? Kindly do this needful.
Thank you!
There is no specific rule written anywhere on USCIS that i am aware of and can refer here.
If your i140 is approved, you can file extension and stay in USA.
Your attorney must have filed extention with approved i140. Isn’t it or not?
If your attorney is not agreeing, then you should have filed extension in premium processing and got the result within 15 days. Why have you waited till last day of your H1B max out to ask it around?
What’s the issue here?
Thanks Anil for your response. Yes my attorney has filed my extension based on i-140 approval in last week of January this year. I thought that 240 days rule is applicable for any kind of H1b extension filed with USCIS and when i checked with attorney for the confirmation i got to know that this rule is not applicable for me. I am confused now and even if need to leave the country can i stay till my i-94 validity date which 3/25/2019? Please confirm? and am i eligible to ask my attorney to apply my extension through premium now?
Well, you should check with your attorney as his analysis says that you can’t stay beyond max out date.
Also, i am not sure if i should comment on it or not.
What kind of Employer is this who is not even guiding you even though they know your max out date is Mar 10.
How do they expect you to wrap up leave US in 1 day?
Ok Anil sure I will check him and update you. I really appreciate your help in clarifying my queries! Thanks so much !!!
Thanks so much Anil! your answer helped me a lot!
I’m in 6th year of H1b and I have 2 months to recapture in it and my visa expires end of this month. If I apply for an extension now to recapture the 2 months, will that “240 days rule apply to me” and I can work until I receive a decision (what if decision take more than 2 months after my visa expiry) or should I calculate the 2 months time from my H1B expiry date myself and leave the country before the decision arrives.
It would apply only if your i140 has been approved.