Q: immigration question
I have an immigration question. My h1b ended on sep 21st 2024 , currently Im on my recapturing time period, where my eb2 niw and h1b ext has applied and pending . My recapturing time ends on jan 9th 2025 . So what will be my situation after jan 9th , does 240 rule works for me?
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A:
While you're in a complex immigration situation, let me help break this down for you.
After your H1B ended on September 21st, 2024, you entered your recapture period which ends January 9th, 2025. During this time, your EB2 NIW and H1B extension applications are pending. The 240-day rule would apply to you if your H1B extension was filed before your current authorized stay expired, allowing you to continue working for up to 240 days while the extension is pending.
However, it's crucial to note that the 240-day rule specifically applies to employment authorization, not your legal status in the U.S. Your ability to stay in the U.S. beyond January 9th, 2025, would depend on having another valid status or pending application that provides lawful presence.
Given the complexity of your situation and the potential consequences involved, you should consult with an immigration attorney who can review your specific case details and provide personalized legal advice. They can help ensure you maintain lawful status and work authorization throughout this transition period.
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