after you submit application, you have 240days

回答: try to use her Receipt for new H1B1281352005-12-21 07:59:27

I just got the answer from officer:

* 8 CFR 274a.12(b)(20) provides:

(20) A nonimmigrant alien within the class of aliens described in paragraphs (b)(2), (b)(5), (b)(8), (b)(9), (b)(10), (b)(11), (b)(12), (b)(13), (b)(14), (b)(16), and (b)(19) of this section whose status has expired but who has filed a timely application for an extension of such stay pursuant to Secs. 214.2 or 214.6 of this chapter. These aliens are authorized to continue employment with the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay. Such authorization shall be subject to any conditions and limitations noted on the initial authorization.



What this means is that you have 8 months beginning 01/01/2006 for the approval and you continue working (and your family continues to reside with you) without issue to your immigration status.

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