If my H1B extension is denied long after my I-94 has expired, how does the 240-day rule apply? Does all that time count as being out of status?

Answer

If your H1B extension was timely filed prior to the expiration of your I-94, you should remain in a period of authorized stay as long as that extension petition is pending. The 240-day provision only applies to work authorization when it is an H1B extension with the same employer. In that situation, if your case hasn’t been decided within that 240 days, you would likely need to stop working. But, you typically are still permitted to remain in the U.S. in a period of authorized stay until a decision is made on the extension request. If the case is denied, you generally would begin to accrue unlawful presence starting from the date of the denial. However, it is wise to always consult with a knowledgeable immigration attorney who is familiar with the details of your specific case to confirm when any unlawful presence may apply. (22.Oct.2018)

In frequent sessions of our Chat, Sheela Murthy and other senior attorneys provide guidance that clarifies the law in real time. For details on chat participation, click here.

Access more FAQs here.

Copyright © 2018, MURTHY LAW FIRM. All Rights Reserved