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