My H1B extension has been pending for months. Can I stay beyond 240 days from my I-94 expiration date?

Answer

The 240-day rule relates ONLY to employment authorization. One with a timely-filed extension can remain in the U.S. until a decision is made on the petition.

Note also that this rule ONLY applies to extensions with the same employer, not to amendments or change-of-employer petitions. (03.Dec.2018)

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