H1B Extension and Amendment -RFE


#1

Hello,

I work as a full time employee in a service company on H1B. Can you please help me clarify/resolve the following questions

  1. My H1 B extension was filed with amendment on November 5th, 2018. My visa got expired on November 18th, 2018. I got RFE on March 5th on Speciality Occupation. Can I work till July 5th (i.e 240 days from Nov 18th)? If I upgrade my H1 processing of RFE to premium process, what is the chances of denials, does it go bad because i upgrade to premium?
  2. Does 240 days rule apply for H1B extension + amendment with same employer?
  3. Responding RFE in normal process -
    a. if the decision does not come within 240 days (i.e. within July 5) what are my options?
    b. In case if it gets rejected what are my options?

Thanks,
Swetha


#2
  1. Yes, you can work until 240 days. Upgrading to premium does not impact the approval chances, you can upgrade, if your employer is willing to do it.
  2. It applies to general extensions, but should be same for your case as well. You can double check with attorney.
  3. a. You have to stop working after 240 days of expiry of your I-94. b. you need to leave immediately.
    Read 240 Days H1B Rule Extensions