QUESTION

Can an extension be filed and considered valid after H1B expires but before I94 expiration?

Asked on Mar 15th, 2020 on Immigration - California
More details to this question:
My h1 is expiring on 31st march, and i94 on 10th April. My employer has not filed the extension, and am worried and want to know how many days are there to file the extension?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
In my opinion, your employer would be able to file an extension request before the time of the I-94 expiration. USCIS or CBP included the 10 day grace period that is given to H-1B holders to leave the country after the H-1B time expires. It is our understanding that this time can be used not only to prepare for departure, but for other purposes including the filing of an extension. 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.    
Answered on Apr 12th, 2020 at 1:22 PM

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