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I have been working in the USA for almost three years now in valid H1-B status. If my current status expires before the approval for my extension arrives, am I legally allowed to work during that period? |
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Q: I have been working in the USA for almost three years now in valid H1-B status. My employer has filed for my H1B status extension for additional three years. If my current status expires before the approval for my extension arrives, am I legally allowed to work during that period?
A: If person is lawfully employed under A-3, E-1, E-2, G-5, H-1B, H-2A/B, H-3, I, J-1, L-1, O-1/O-2, P-1/P-2/P-3 or R status, or nonimmigrant visa under INA §214(e) (NAFTA) and files timely application for extension consistent with 8 C.F.R. §214.1, he/she is automatically given 240 days from date of his/her status expiration. 8 C.F.R. §274a.12(b)(20). Thus, you can legally continue to work while your timely filed H1B extension is pending adjudication. |
