If the H1B processing time goes beyond 240 days, will i be out-of-status?


My current H1B visa expired on the 31st of December, 2012. My Extension was filed around 20th December, 2012. There was an RFE on the application which was responded on 28th February, 2012. Since then then Extension has been in RFE Response Review status. When will i be out-of-status? Do i have to leave the country 240 days post the Visa Extension application date?

240 days will count from the date of H1B visa extension. It is manditatory to leave USA after 240 days. It will avoid complications for any fnew visa.

240 days are counted from the I-94 expiration date. You should get petition upgraded to PP if you want a quicker result.

Not sure about H1B extension with same employer. But if it is a Transfer then the 240 days clause does not apply and you can work beyond 240 days or until the Transfer gets approved.