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  1. #1
    Join Date
    Sep 2017
    Posts
    4

    Default When Does the 240 Day Rule for a RFE Start to Run

    Hi,
    Here is my situation.
    Visa expired on 1st April 2017 and I 94 expiration date is 11th April 2017.
    My last extension for my H1B was applied in November 2016.case was transferred to CA center in May.
    In Aug 2017 I have received an RFE and submitted RFE response on 19th October in Premium. On 27th October I saw the status in USCIS site as another RFE( yet to receive the notice).

    So wanted to check on the below details ---

    The 240 days rule is from the date of visa expiration or I 94 expiration ?

    Since my 240 days will be over by end of November and I am doubtful with just 3 weeks RFE response can’t be filed.

    I understand that I can’t work after 240 days, but can I stay in US and wait for the decision? My employer says they will put me on administrative leave ( no pay ) to wait for decision. So can I legally stay here and not work ? Would staying here without pay affect my future extension or Green Card processing ?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: When Does the 240 Day Rule for a RFE Start to Run

    As long as there was a timely filed extension of status, the 240 day rule (8 CFR 274a.12(b)(20)) allows for a person whose status has expired to continue working for their current employer (the person's employerbefore the expiration of the person's prior status). Under the rule, a person may work for up to 240 days from the expiration date on the person's I-94, while the extension is pending.

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