Can we work for an employer based on a pending h1?

[Sandhya123]

My brother's current H1 visa is expiring in a couple of days. He had filed for an extension by premium processing during last week, but not yet received the approval yet.

Since the case is pending, can he continue to work for his employer even after the visa get expired?

This is his only h1 and I wanted to know what should he do if his extension gets denied? Can he stay in US and file for another h1 through a different employer? Please let us know.

Thank you.

 

[anna baker]

H-1 Extension

Please see the attachment

 

[Sandhya123]

Dear Anna,

Thanks for your timely response.

He got an Query/RFE yesterday evening and his employer is working on it. I believe he can still legally work for the employer as the decision on H1 extension has not been made.

Could you please let me know if what should he do if his case gets denied? Does he have to leave the country immediately or can we get some grace period where we can apply for another h1 from a different company?