trivialequation Posted August 12, 2013 Report Share Posted August 12, 2013 Hi , My H1B has just completed its first 3 years and my 1st extension is currently delayed by 3 weeks (considering average USCIS processing time of 2 months). My I140 is already approved. H1 Extension applied (regular) : May 23, 2013 Current Visa Expiration Date : Aug 31, 2013 Do you think I should be concerned since my visa expiration date is so close ? We are expecting a baby in 1.5 months and hence I am trying to avoid leaving the USA at any cost. My wife's on a H1 as well and in the worst case maybe I can convert my H1 to H4 on her petition ? Can you please suggest my options here ? Until what time can I apply for a COS ? Any guidance and help is very appreciated. Thanks in advance! Link to comment
Attorney_11 Posted August 12, 2013 Report Share Posted August 12, 2013 Individuals pending H1B extension with the same employer are permitted to remain in the United States and work for the employer for a period of 240 days after the expiration of the I-94 or until the extension is approved or denied, whichever comes first. Link to comment
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