QUESTION
Stay and Work in US after H1B Maxout when H1 extension (Based on I140) is in process
Asked on Dec 16th, 2020 on Immigration - New York
More details to this question:
I am on H1B, this is regarding my I-129 petition, which was filed in premium processing. It was filed based on I-140 petition approval to get the extension beyond 6 years limit to stay and work in US. My max-out is Dec 30th – 2020 and attorney is in process to submit RFE Response. My questions is that, in case I don’t get approval prior to my max-out (Dec 30th 2020) then will I be able to stay & continue working in US as my extension is in process. Like one can stay and work for 240 days after H1 expiration if extension is in process. Or is there anything else I will have to plan if I don’t get approval before Dec-30th 2020. Kindly advice so that I can plan ahead accordingly.
1 ANSWER
Immigration and Nationality Law Attorney serving New York, NY
Partner at
Alan Lee & Arthur Lee, Attorneys at Law
3 Awards
You have a platform for legitimately requesting an H1B extension past the normal six year period of time – your I-140 approval. As such, assuming that no mistakes were made and your H-1B extension request is receipted, you are allowed to remain in the US pending the determination of the H-1B extension. You are further allowed to work for 240 days for the same employer in the same position past the present expiration date of your H-1B. 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 Jan 13th, 2021 at 11:06 AM