H-1B Visa FAQ
Question
How long is the work authorization period for H-1B employees while their H-1B transfer petition or H-1B extension petition is pending?
Answer
H-1B Extension
If the H-1B petition is simply an H-1B extension (not an H-1B transfer), the H-1B employee is authorized to work for up to 240 days beyond the expiration of their current period of stay (i.e. beyond the expiration listed on their most recent I-94 card). That means that once the 240 day period has passed, the H-1B employee is no longer authorized to work. However, the H-1B employee is permitted to remain in the US while the timely filed H-1B extension petition is pending, even beyond the 240 day mark.
H-1B Transfer
In regards to H-1B transfers, Section 105 of the AC21 statute allows for H-1B portability. Specifically, section 105 allows an H-1B nonimmigrant worker to begin concurrent or new H-1B employment upon the filing of a timely, non-frivolous H-1B petition. Employment authorization based on the pending petition continues until adjudication. The statute does not refer to a maximum amount of employment authorization after the current I-94 expires (such as the 240 day rule for H-1B extensions). The employee is allowed to work until adjudication. However, if the H-1B petition is denied, the employment authorization provided under this provision ceases.
If an H-1B employee has an H-1B transfer petition pending then they will be allowed to work until adjudication of the H-1B transfer petition. If an H-1B employee has an H-1B extension petition pending then they will be able to work for up to 240 days beyond the expiration listed on their most recent I-94.
Trusted & Highly Recommended
See What Our Clients Have to Say
-
I just checked the status and it is approved !!!
Dear Arjun/Adriana, The interview went well on Nov 26 and I just checked the status and it is approved !!! I really really ...
Rama -
GC processing was very smooth and fast
Had a great experience working with Verma Law Firm. They did very thorough prep work for application and took a bit longer ...
Jayant K. -
We were very happy with their services and would highly recommend them.
We engaged the Verma Law firm to help us through the green card process when I accepted employment with a company that did ...
Farina S.