Skip to Content
Top
H-1B Visa FAQ

H-1B Visa FAQ

Question

How long is the work authorization period for H-1B employees while their H-1B transfer petition or H-1B extension petition is pending?

Answer

H-1B Extension

If the H-1B petition is simply an H-1B extension (not an H-1B transfer), the H-1B employee is authorized to work for up to 240 days beyond the expiration of their current period of stay (i.e. beyond the expiration listed on their most recent I-94 card). That means that once the 240 day period has passed, the H-1B employee is no longer authorized to work. However, the H-1B employee is permitted to remain in the US while the timely filed H-1B extension petition is pending, even beyond the 240 day mark.

H-1B Transfer

In regards to H-1B transfers, Section 105 of the AC21 statute allows for H-1B portability. Specifically, section 105 allows an H-1B nonimmigrant worker to begin concurrent or new H-1B employment upon the filing of a timely, non-frivolous H-1B petition. Employment authorization based on the pending petition continues until adjudication. The statute does not refer to a maximum amount of employment authorization after the current I-94 expires (such as the 240 day rule for H-1B extensions). The employee is allowed to work until adjudication. However, if the H-1B petition is denied, the employment authorization provided under this provision ceases.

If an H-1B employee has an H-1B transfer petition pending then they will be allowed to work until adjudication of the H-1B transfer petition. If an H-1B employee has an H-1B extension petition pending then they will be able to work for up to 240 days beyond the expiration listed on their most recent I-94.

Trusted & Highly Recommended

See What Our Clients Have to Say

    Highly recommend taking their help!

    The staff at Verma law firm went above and beyond for my parents green card filing. They were very organized and meticulous ...

    Dev

    Thanks a lot for the meticulous effort from yourself and your staff.

    Thanks a lot for the meticulous effort from yourself and your staff. I received my Green Card last week. I think your office ...

    Raghu Kumar Rao

    Thank You! Thank You! For processing our GC/Permanent Residence successfully.

    Arjun is our corporate immigration lawyer and we get our visa processing done through his company. I am on a L1-B visa and I ...

    Raj

What Sets Us Apart

  • Customer Service
    With us, you will get client-focused, personalized service. You are not just another case to us.
  • Payment Plans
    We charge a flat fee for all cases, and offer a payment plan to those who need it.
  • Convenient Locations
    Our offices are conveniently located in San Jose and San Francisco.
  • Experience
    Our lead attorney not only has over 23 years of experience, but is also an immigrant himself.

Contact Verma Law Firm Today

Serving Clients Throughout San Jose, San Francisco & Around The World
  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy