Very basic question - What really is your status while your H1B extension is pending?

[rajib01]

Hey Guys,

What really is my status while my H1B extension is pending? I know I can continue to work with my current employer while an H1B extension is  pending approval. Can I say that I am in valid H1B status in this period or am I in some kind of limbo?

Thanks in Advance!

[rajib01]

The reason I asked is that, Can I file for a change of status (H1 to E2) while my current H1B extension is pending? I hear that for a change of status, you need to be in US and in a valid immigration status.

[nik125]

If you are currently in H1b status and your i-94 is valid then you are in h1b status. If your i-94 expire and h1 extn is pending then you do not have any status but you are in period of authorized stay until h1 extn petition gets adjudicated or 240 days from i-94 expiry whichever comes first.

Edited August 10, 2020 by nik125

[rajib01]

@nik125 thanks for your reply! My I-94 is expired and H1B extension is pending. I am within the 240 days window. I know that within this 240 days I am allowed to stay and continue to work with the current employer. Do you really mean I am not in status even if I am allowed to work?

Can anyone please let me know if it is allowed to change to different status in this scenario (lets say H1 to E2)? That is i-94 expired, H1 extension pending and I am within 240 days of the h1 extension filing date? Thanks!

 

[newacct]

17 hours ago, rajib01 said:

@nik125 thanks for your reply! My I-94 is expired and H1B extension is pending. I am within the 240 days window. I know that within this 240 days I am allowed to stay and continue to work with the current employer. Do you really mean I am not in status even if I am allowed to work?

Can anyone please let me know if it is allowed to change to different status in this scenario (lets say H1 to E2)? That is i-94 expired, H1 extension pending and I am within 240 days of the h1 extension filing date? Thanks!

 

That's correct. You are not in status, but you can stay for as long as your Extension of Stay is pending (without time limit) and you can work for 240 days.

You can apply for Change of Status, but it will depend on your pending Extension of Stay's approval. So if the Extension of Stay is approved, you will have been in status at the time your Change of Status is applied. But if your Extension of Stay is denied, then your Change of Status will be denied too since it was applied at a time when you were not in status.