Is it safe to go US with 1 year H1B and wait for extension with 240 day rule


(Anonymous) #1

Anil,

One of my friends who has a receipt number of ‘WAC181***0964’ has got approval today for 1 year till October 2019. The service center is California.

The employer has told him they’ll be doing a extension, and how does extension work?

Is it safe to go to US, and apply for extension and wait for a response because of the 240 day rule?

Also, his receipt number is just two behind my receipt ‘WAC181***0962’.
So, whether I can expect results earlier than expected. Kindly clarify.
Thanks!


(Anil Gupta) #2

H1B extension is a normal process and everybody goes through it.

H1B 240 day rule is for i94 expiry cases

240 day rule is also an official rule which comes into picture if i94 has expired and extension is pending with USCIS. This is perfectly safe and is legal way.

Yes, the chances are high that your H1B would also reach result soon.


(Anonymous) #3

Yes, do we have to apply for an extension 6 months prior to H1B expiry ?,
because even after stamping, traveling is definitely going to take time, minimum May. So, traveling within 5 months of Visa expiry is ok?

That was his primary concern because if the extension gets delayed/rejected, he’ll have to fly back again? Thanks! :slight_smile:


(Anil Gupta) #4

Apply H1B extension 6 months before expiry is recommended

Applying extension before 6 months of expiry is recommended as the current processing times are more than 7 months at some USCIS service centers in regular processing. It is not mandatory though. Some people are brave enough to apply just before the last day of expiry too!!

H1B travel with 5 months of visa expiry

Travelling with 5 months of visa expiry is perfectly fine. I have seen people travelling with less than 1 month of visa expiry too. After entering USA, they immediately file for extension.
So, there is no need to worry.

All of this is part and parcel of H1B visa. You will be used to it once you are in USA.