am in H1b visa which expires on Feb 05 for six years .I have some 5 days to recapture after Feb 05.Can my employer apply H1 extension?

While the law does state that someone filing an H-1B extension is allowed continued employment authorization for 240 days, I doubt that the regulation was written with your particular situation in mind. You are only authorized another five days under your H-1B limit and to attempt to extend that by way of filing an extension request may be seen as a petition without merit. When you later attempt to file another H-1B extension once 365 days have passed since the filing of your labor certification, U.S.C.I.S. may very well deny an extension for you to obtain the status in the US and you may have to return to your home country to apply for the H1B visa at your home consulate.Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.