H1B extension in I94 grace period based on approved I140

[kd99]

Hello,

If my I140  approval comes within the 10 days grace period of I94 (i.e. I797 expired but I94 still valid)

Would my further stay in the US be legal based on the receipt of the next H1B extension, provided it is filed on/before the I94 expiry date (even though I797 expired) ?

Edited September 1, 2022 by kd99

[Attorney_15]

Generally, a grace period is understood as giving a person "status" without the work authorization. Therefore, if one is in the 10-day grace period after an H1B work authorization period has expired, and an employer files an H1B Petition with USCIS that (1) is received by USCIS within the 10-day grace period and (2) is requesting a start date within the 10-day grace period, the beneficiary should be authorized to stay in the US and to start work under H1B Portability rules.