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 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.
“My green card process was smooth. Thank you Verma for all the help you provide during the process.”- Chacha
“They were always available through phone and responded to my emails quickly.”- Madhuri B.
“The staff at Verma Law firm were prompt and helped with all the documentation needed for my mom's immigrant visa application.”- Upendra
All other consultation fees will be credited towards legal fees if retained as counsel for immigration cases.
With us, you will get client-focused, personalized service. You are not just another case to us.
We charge a flat fee for all cases, and offer a payment plan to those who need it.
We are conveniently located in Silicon Valley and serve clients nationwide.
Our lead attorney not only has over 18 years of experience, but is also an immigrant himself.