The 240 day rule does NOT allow you to stay beyond your requested END date in your H1B extension application.
In your case, you are trying to re-capture vacation time and your last date is June 13, 2018.
So, if your H1B extension is still pending on that date, you will have to leave USA.
PERM pending for more than 365 days OR I-140 approved
The situation would be different if you filed your H1B extension based on PERM that’s pending for more than 365 days OR you had I-140 approved.
In either case, you could have used the 240 day rule to stay in US as your REQUESTED H1B extension end date would have been greater than those 240 days.
In your case, you can stay beyond June 13, 2018 if your I-140 is approved and you file a NEW H1B extension application based on your I-140.
Can two H1b Extension go with different petition END dates in parallel?
Yes, you can have multiple H1B extension applications filed in parallel.
All applications are evaluated separately by USCIS based on the documents you submit with the application.
The final decision does not affect other applications except that the most recent application may NOT be analyzed by USCIS unless the previous ones have received a final result.
This is called bridging.
You can file another H1B extension based on your approved I-140.
Thanks Anil for your response.
In the worst case, if I did not get my I140 result by then and I have other commitments to continue stay, Can I convert to H4 from H1B as my spouse is with H1B with a different employer. and how soon do you advise me to start doing that considering my maxout date is June 13th 2018.
And what happens after I file for H4 petition while that is in process, if I get I 140 approved before I receive H4 decision. What are the steps I need to take to come back to H1B on cap exempt ?
Hi Anil, Thanks again for your response.
I have few doubts for your below response from previous chat.
Apply change of status H1B to H4
Yes, you can convert to H4 based on your wife’s H1B.
If you really want to do it, I would suggest to do it as early as possible and before June 13, 2018.
At this time, USCIS is taking more than 4 months to process changes of status applications.
Remember, there is no premium processing available for H4.
For this answer…
I would like to know about the maximum last date which you suggest me to work with H1B? And once I got the receipt notice for change of status of H1 to H4, still i can work with my employer till my max date? Can I still continue to stay in US with the receipt notice of COS H1-H4? While my COS h1-H4 is in progress? If I get my I140 approval, Can my employer file H1B petition based on I 140 approval? What happens once my COS-H1-H4 gets approved after applying my H1B petition(while H1B petition based on I 140 in progress)? Will my H1B gets impact?
Scenario 1: RFE is getting approved before June 12th
Yes, you can stay in US based on pending AC21 extension after June 12.
Your current H1B RFE approval will give you valid status till June 13.
Not getting any response for RFE before June 12th but getting approved like 15th or 16th (lets say)
I do not understand your question clearly here. Can you elaborate?
Answering based on what I understood (Correct me if I am wrong):
If you RFE is pending on June 13th, you should leave US to avoid any ‘Out-of-status’ time. You can re-enter once the RFE is approved and getting new H1B visa stamp in your passport.
Does that answer your question here?
No response for RFE till June 12th and gets denied after June 16th or so.
Once the RFE extension is denied, you should leave the US and wait outside for the result of your AC21 extension (if it was already filed before June 12).
Cap Exempt H1B after travelling back to India
You can file Cap exempt H1B ONLY with your approved I-140 as the basis of #usa:h1b, which you are already planing to do.
If you want a fresh quota of 6 years with new H1B, then you have to wait outside USA for 365 days and then file a fresh H1B. In this case, no I-140 would be required.
Well, if RFE is pending on June 13, I would suggest to leave USA as your total 6 year allotment is ending right on that day.
Wait outside for the result of both RFE and AC21 extension to be on safer side.
The RFE’s approval is important to mark your status between April 30 to June 13 as valid.
I am also in the same situation
h1 extension filed on apr 29 2019 (extension requested till jun 30 2019 maxout)
i140 approved on apr 30 2019
max out jun 30 2019
2nd extension filed on jun 26 2019
now i got rfe for the 1st extension filed on apr 29.
while replying to this rfe can i change the end requesting for 3 years extension ??
if i can do that should i need to withdraw the jun 26th extension