Apply for H1-B Extension Soon After H1-B Expired

[vishal1278]

I have H1-B visa that's expiring in a few weeks on 9/30. I am employed by an IT placement firm, and have been working at the client-site since 2016.

In order to file for a 1-year extension (premium processing), we asked the client to furnish a "client letter" that would provide an evidence of employment for the next year. However, my current project (aka Scope of Work) doesn't expire until the second week of October, and because of this the client is unable to furnish this document from their procurement system. They are confident that my project will get extended at least for another year, and they will continue to need my services. However, due to their company policy, they are unable to provide that client letter until the contract actually expires (or we get closer to the expiration date).

My employer is unwilling to apply for H1-B extension without this letter from the client.

The client is *trying* to get me that letter as soon as they can, but they have not given me any assurances about *when* they can give me this letter. However, based on our conversations, it appears that the client may provide this document during the first week of October.

My question is: Let's say the client provides this letter by 10/5. By this time, my H1-B would have officially expired (on 9/30). *Can I still go ahead and apply for an extension at that point in time?* In my H1-B approval notice, there's a statement about a "10 day discretionary grace period after visa expiration", but the details of this is vague, and I am not sure if I can use this grace period to gather documents and apply for a visa extension. 

Any insight or suggestion you can provide will be greatly appreciated! Thank you in advance.

[gouthamsworld]

When is your I94 expiring? 10 day grace period means you will have an extra 10 days on I94 than the approval . If you have that you can apply for an extension by Oct 10