H1B Approved , but expires in week. Can I stay in the US beyond H1 Expiry ?


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Asking for a friend , little urgent.

  • H1B was approved for ~ 20 days duration : 16-Jan-2020 to 06-Feb-2020.
  • The approval notice was received by the recipient on 28-Jan-2020. Giving them barely a week before it expires, their employer and attorneys are working asap to get a new extension application in.

Question , do they have to leave the country immediately or is there a grace period  in below scenarios :

  1. If the H1B extension is not applied before 06-Feb-2020 ?
  2. If the H1B extension is applied before 06-Feb-2020 but Receipt not received ?

 

Any help is appreciated including similar experiences.

Insert other media

-Virs

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They can stay as long as they have a valid I94, if they are not able to file for a new petition by the end of the I94 validity date they will have to leave. They should make every effort to get a receipt by end of I94 expiry date, but some (not me) of them believe that even if they have a delivery confirmation (FedEx receipt) that will also work.  

50 minutes ago, Virs said:

Asking for a friend , little urgent.

  • H1B was approved for ~ 20 days duration : 16-Jan-2020 to 06-Feb-2020.
  • The approval notice was received by the recipient on 28-Jan-2020. Giving them barely a week before it expires, their employer and attorneys are working asap to get a new extension application in.

Question , do they have to leave the country immediately or is there a grace period  in below scenarios :

  1. If the H1B extension is not applied before 06-Feb-2020 ?
  2. If the H1B extension is applied before 06-Feb-2020 but Receipt not received ?

 

Any help is appreciated including similar experiences.

Insert other media

-Virs

 

Link to comment
  • 1 month later...

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