Does 240 day rule apply after H1B 6 year quota is over?

USA H1B Visa
1

Anil,

My PERM has been applied on 5-OCT-18, my 6 yr H1B expired on 10-DEC-18 but since i has 84 days to recapture which would give me time until 3-MAR-19 , i have applied for h1b extension for these 84 days , so what are my options now.

  1. Can i still work until 3-MAR-19 ?, What if i do not get any decision on h1b by 3-mar-19.

  2. What if i get my PERM Approval before H1B (03-mar) i can apply 1-140 premium processing and if i exceed the 3-mar date what should i do ?

  3. I also heard if you do not get any decision on your h1b , you can work for 240 days , is it true (if its true by then i can get my 140 approved and re-file my h1b ?)

Appreciate your help.
Let me know if i have any other options.

2

  1. How can you work after 3rd Mar when you have only requested for H1B only till 3rd Mar?

  2. The only way you can stay in US after 3rd Mar is when your i140 has been approved and you have filed H1B extension and it is pending with USCIS.

  3. 240 day rule is ONLY applicable if you fulfill other conditions too. In this case, you should have your i140 approved.

3

So if i do not get i140 approval by feb last week, do i need to leave US before 3-mar or can i leave after 3-mar , may be after a week say around 5/10 march and can i apply h1b from india with same employer after my i140 is approved or with different employer if my current employer do file for withdrawal of i140 ), and i can only come to us only after my h1b is approved and stamped ?

if i leave before march , can i still work for the same client from india , if they allow me to work remotely until i get my i140 and new h1b extension approved

4

I suggest to leave a week before 3rd March.
You can file H1B extension from India.

You can only enter USA once H1B is approved and visa is stamped.

You won’t be able to transfer to new employer until i140 is approved. Also, I 140 can be withdrawn by old Employer if you do not stay with them for at-least 180 days.

If you are in India, you can work for anyone. US immigration law onky applies when you are inside USA.