H1 B expiry and pending H 1 extension

Sivaji

New Member
I am finishing my residency on June 30th when my H 1 expires and I am scheduled to start a different position with the same employer starting July 1st.My H 1 application has been submitted on May 25th but I have still not received the receipt.Can I continue to stay in the US after 30th.Is it legal?Do it need to switch to B1?
Thanks
 
You always have a grace time, and also if you have a case pending with the USCIS, you're fine till the decision is made.
Still wait for the experts opinion.

Mukeshinmd
rahasiam.com
 
If you file your H1 extn or transfer petition before expiry of the old one, you can legally stay and work until you get decision on your petition.
You no need to worry.


I am finishing my residency on June 30th when my H 1 expires and I am scheduled to start a different position with the same employer starting July 1st.My H 1 application has been submitted on May 25th but I have still not received the receipt.Can I continue to stay in the US after 30th.Is it legal?Do it need to switch to B1?
Thanks
 
240 days

If you file your H1 extn or transfer petition before expiry of the old one, you can legally stay and work until you get decision on your petition.
You no need to worry.

or 240 days from the date of the H1 expiry.
 
You are legal until 240 days after your i94 when h1b ext is applied

Hi,
Correcting Devar, It is 240 days after i94 if you dont hear of your h1b Extension you are legal and valid and must be working.

Thanks,
N.
 
I am little confused with the 240 day rule. Can someone explain me clearly? Are you not legal after 240 days of I-94 expiry even though your petition is pending due to an RFE or no action by USCIS?

Hi,
Correcting Devar, It is 240 days after i94 if you dont hear of your h1b Extension you are legal and valid and must be working.

Thanks,
N.
 
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