What is the Grace period given for H1B extension once the petition is received!!!

O

ominbox

Registered Users (C)
I have applied for H1B extension and my case (I129 PETITION) was received on August 19th 2008. The case status is shown as "Case received and pending.".
My current I94 is valid till Oct 1st 2008 (and same is my first term H1B VISA expiry date) and that is my concern if I don't receive the approval in time.

I would like to know, what is the Grace period we get once our 'H1B extension petition' is received by USCIS, to be in good status till we receive our approval.
Also please post a reference link if you got one.

Please help me with this information...
Thank you all in advance.
 
As long as your extension is pending, you are considered stay authorized by Attorney General. YOu can stay beyond I-94 until the decision is made.
However, you can work only 240 days beyond I-94 expiration. After that, you can not work if decision was not made til then.
 
Hey GotPR?

Thanks for the info. Thats good but there is one more issue for the driver's permit.
As the driver's permit expires according to your I94/VISA, how can I get my driver's permit extended when my case is pending?
Do they (USCIS) notify us about the 240 days any way or any proof of this which I can show to DMV for extending my permit!!!

Please help me with this too.
Thanks a lot....
 
ominbox said:
Hey GotPR?

Thanks for the info. Thats good but there is one more issue for the driver's permit.
As the driver's permit expires according to your I94/VISA, how can I get my driver's permit extended when my case is pending?
Do they (USCIS) notify us about the 240 days any way or any proof of this which I can show to DMV for extending my permit!!!

Please help me with this too.
Thanks a lot....
Click to expand...

you should talk to DMV.

240 days limit has nothing to do with driver's license beause it's not about legal status(you are legal as long as petition was filed timely and is pending regardless of whether you can work under pending H1). It's just a period that you can work without H1 approval beyond I-94 under pending petition. CIS doesn't notify you about 240 days.
 
GotPR? said:
you should talk to DMV.

240 days limit has nothing to do with driver's license beause it's not about legal status(you are legal as long as petition was filed timely and is pending regardless of whether you can work under pending H1). It's just a period that you can work without H1 approval beyond I-94 under pending petition. CIS doesn't notify you about 240 days.
Click to expand...

Hey .... Thanks GotPR?;
I did got my permit by showing the i797 Notice receipt to the DMV. I was worried because as it states pending, how can I be able to prove my legal status as it doesn't states any date over it.
But they extend the permit for a year on showing the i797 receipt received from DMV.

Thanks all for helping me out with your suggestions. :)
 
ominbox said:
Hey .... Thanks GotPR?;
I did got my permit by showing the i797 Notice receipt to the DMV. I was worried because as it states pending, how can I be able to prove my legal status as it doesn't states any date over it.
But they extend the permit for a year on showing the i797 receipt received from DMV.

Thanks all for helping me out with your suggestions. :)
Click to expand...

Hey Ominbox,

What state are you residing in? My h1B is also pending and my Drivers License expired. I am in florida and the state DMV website is very particular about checking my status against the INS database for issuing drivers license.

Also does anyone know if I can do domestic air travel? bcoz my passport and drivers license both have expired date on them.

thanks in advance.
 
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