I 94 expired h1b extension pending. I-94 end date based on past H1b visa is Oct 12, 2023.
I 94 expired h1b extension pending. Once it has been filed, you can stay for up to 240 days post I-94 expiration date, or H-1 extension denial date (whichever is earlier). If you have a pending H-1B extension, but your I-94 is expired, you are allowed to remain and work in the U. . Compare the 540-day auto-extended date to the Form I-94 end date. , you must plan to get an I-94 extension so you don’t break U. You can switch employer after i94 expiry but your pending extension application will become a If your I-94 expires before you leave the U. An H-1B alien for whom the employer has filed a timely application for an extension of H-1B stay can continue employment for the same employer while the request for extension of stay is pending with USCIS, for a period of up to 240 days beyond the expiration of the prior period of authorized stay. H1B extension was filed before this date (around April 2016) but the approval is pending for past 8 months from USCIS. If you want to change employers, do that before your I-94 expires. In general, if a change-of-status application is filed while a timely-filed extension is pending, and one’s I-94 has expired, the USCIS will only approve the change of status if the extension is approved. My question is regarding the 240 day rule, which could mean that I'll be out of Hello Everyone, Looking for some advise/Opinions on below queries related to I94 Revalidation: Current Scenario - 1) I am currently working on H4 EAD. It is important that extension is applied before your current 797 and I-94 expiration date. The 240-day rule allows an H1B VISA worker to stay and work in the USA for up to 240 days or USCIS takes a decision (whichever is earlier) while the H1B extension is pending with USCIS after the i94 expiry. Recently traveled to Canada for 2 days and re-entered US, got the new I-94 end date as Oct 12, 2023. The 240-day rule allows an H1B visa worker to stay and work in the USA for up to 240 days or USCIS takes a decision (whichever is earlier) while the H1B extension is pending with USCIS after the i94 expiry. 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. In general, if a change-of-status application is filed while a timely-filed extension is pending, and one’s I-94 has expired, the USCIS will only approve the change of status if the I returned back on existing H-1B visa valid till September and H-1B extension is still pending. I-94 end date based on past H1b visa is Oct 12, 2023. Now that my I-94 has expired, what happens in the following scenarios: I returned back on existing H-1B visa valid till September and H-1B extension is still pending. If a timely extension is filed (i. S. Customs and Border Protection (CBP) website only provides information related to the I-94 issued upon the individual’s most recent entry into the United States. My current H1b expires in October, applied for extension in April which is pending. I accepted a new offer on Nov 5, 2023 and they are in the process of filing for my H1B. You can switch employer after i94 expiry but your pending extension application will become a bridge petition. immigration law. Recently traveled to Canada for 2 days and re The report requires that DHS clarify that a worker who has remained in the United States after the expiration of their period of admission identified in their Form I-94 due to a workplace labor dispute will not be negatively affected solely for these reasons when applying for “a subsequent visa” or a change of immigration status. Now that 1) You can proceed with your H1B transfer and join Employer B even if your H1B extension with Employer A is still pending with an RFE. 2. Whichever date is earlier is the auto-extended EAD expiration date. If your H1B extension was timely filed prior to the expiration of your I-94, you should remain in a period of authorized stay as long as that extension petition is pending. If your I-94 expires before you leave the U. When an H-1B extension is pending after the expiration date of the current I-94, the employee should complete a new I-9 form and write “240-day Ext” and the date that Form I-129 was submitted to USCIS in the Additional Information box If your current i94 is valid, you can transfer H1B when the extension is in progress as the pending extension will not become a bridge. If your current i94 is valid, you can transfer H1B when the extension is in progress as the pending extension will not become a bridge. What is my status once my H-1B expires? May I continue to work while the extension request is pending? If your H-1B expires and a timely-filed non-frivolous H-1B extension request is pending on your behalf, you are in a period of authorized stay – What it means is that, if USCIS denies your H1B extension petition earlier than 240 days mark, from the day your previous H1B petition or I-94 expired, then you need to stop working immediately and leave the country. while your extension is pending, up to 240 days past your 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. See more What is my status once my H-1B expires? May I continue to work while the extension request is pending? If your H-1B expires and a timely-filed non-frivolous H-1B What it means is that, if USCIS denies your H1B extension petition earlier than 240 days mark, from the day your previous H1B petition or I-94 expired, then you need to stop working immediately and leave the country. A H1 may stay in the US within I-94 validity even after 60 days and not accrue unlawful presence. A timely filed H4 extension provides authorized stay in the US. 1) You can proceed with your H1B transfer and join Employer B even if your H1B extension with Employer A is still pending with an RFE. Generally, USCIS allows you to change employers while a pending extension is being processed. Consult with a local attorney My I-94 expired mid of May 2016. e. If the H-1B extension petition is still pending 240 days after expiration of the H-1B employee’s I-94 card, the H-1B employee loses her work authorization but may continue to reside in the US until the H-1B extension petition is adjudicated. If For expired or expiring EADs with category codes A17, A18, and C26, to calculate the new expiration date: Add 540 days to the EAD “Card Expires” date. It also covers what documents are required for an extension and how long it takes for the U. government to process your extension request. The 240-day provision only applies to work authorization when it My current H1b expires in October, applied for extension in April which is pending. before the expiration of the current status), regulations allow individuals in H-1 status to continue to work for the same employer for up to 240 days while the extension petition is pending at USCIS. Generally, USCIS allows you to No, the online I-94 tool on the U. CBP officer at the airport just asked my visa is expiring in September to which I responded that I My current employer filed for my H1B extension on June 23, 2023 but the result is still pending. 2) H4 Visa and EAD both are expiring on Jan'2025 3) My Stamped H4 Visa on Passport is also expiring on Jan'2025 4) Applied for extension in Oct'2024 and currently in Pending The 240-day rule allows an H1B visa worker to stay and work in the USA for up to 240 days or USCIS takes a decision (whichever is earlier) while the H1B extension is pending with USCIS after the i94 expiry. When an H-1B extension is pending after the expiration date of the current I-94, the employee should complete a new I-9 form and write “240-day Ext” and the date that Form I-129 was submitted to USCIS in the Additional Information box in Section 2. If the person’s status is changed or extended after being admitted, those details normally would not be reflected on the CBP website. This article explains what the I-94 extension is and how to get one. My current employer filed for my H1B extension on June 23, 2023 but the result is still pending. 1. while your extension is pending, up to 240 days past your expiration date. CBP officer at the airport just asked my visa is expiring in September to which I responded that I had already applied for an extension in April. 2) H4 Visa and EAD both are expiring on Jan'2025 3) My Stamped H4 Visa on Passport is also expiring on Jan'2025 4) Applied for extension in Oct'2024 and currently in Pending. beyond the expiration listed on their most recent I-94 card). This article explains what the I-94 An H-1B alien for whom the employer has filed a timely application for an extension of H-1B stay can continue employment for the same employer while the request for extension of stay is If the H-1B extension petition is still pending 240 days after expiration of the H-1B employee’s I-94 card, the H-1B employee loses her work authorization but may continue to reside in the US until the H-1B extension If you have a pending H-1B extension, but your I-94 is expired, you are allowed to remain and work in the U. The app will evaluate your situation and provide you suggestions on your legal status in 240 day period.