Can we stay in USA after completing 240 days ?

I have applied for my H1B extension and amendment on January 30th 2018 in CA service center, we have received RFE in May 2018 and response to RFE was given in July 2018.

My I94 got expired in May 2018 and 240 days after I94 expire is on January 10th.2019 Since our case was filed at California service center there is no premium processing at this time.I am aware that I will not be able to work after January 10th 2018. But employer advised that I can stay in Loss of pay in the US until USCIS gives final adjuration on my petition Questions1.If I am overstaying after 240 days will it create any problem next time when I am traveling to USA?2.Can I apply for H1B transfer to a new company and get paid after 240days of I94 expiry?

  1. No, it should not. You can stay after 240 days without working.
  2. You filing H1B transfer now is not considered as timely filing as technically you are not in valid status as your I-94 expired and you are in period of authorized stay. If you were to file it before I-94 expiry, it would have been different case…Also, if you were to file, you will be in a bridge situation, where your first petition approval is important and acts as bridge…if that is denied, then your second petition also is denied as the bridge or chain of approvals is broken…Discuss with your immigration attorney as it is tricky situation.

Check more info at : THIS is how H1B 240 days rule works with Extensions [2021]