My H-1B is going to expire mid-May 2015. Is there a 10-day grace period after 6-year H-1B? If yes, can I continue to work for my employer during this grace period?
There is no statutory 10 day grace period. Any employment has to be authorized by USCIS. The only way to work beyond your initial 6 years would be if you either the beneficiary of a PERM case filed prior to the end of your 5th year in H-1B status (eligible for 1 additional year of H-1B status) or an I-140 approved before the end of your 6th year (eligible for 3 additional years of H-1B status) . Even with either of these conditions existing, your employer would still need to request an extension beyond your initial 6 years in H-1B status prior to the expiration of the initial 6 years.
There is no automatic grace period. The regulations state that the CBP at the port-of-entry shall issue an I-94 record with an additional 10 days beyond the expiration of your H-1B status. However, not all CBP officers do that, and if your petition was approved while in the U.S. and you never left and re-entered you would not be able to benefit from that provision. In any event, you would not be able to work during that 10 day grace period, if it applied to you.
Under the rules, there is no statutory 10 day grace period. Any employment has to be authorized by USCIS. You can not continue working once period expires until and unless your labor certification is pending for more than one year, you can get one year extension or an approved I-140 gets you 3 year extension.
This answer does not constitute Attorney-client relationship.
If you traveled, you will notice that the grace period is already added to your newly issued I-94 by the CBP. That is the last date of your authorized period of stay.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
No. You cannot work passed the day on your H-1B approval notice on form I-797 unless you have another basis for work authorization, for example, an EAD based on an adjustment of status application.
Due to the nature of this forum, Attorney Maria J. Marty does not have all the information required to provide legal advice. Accordingly, her responses on Avvo are intended as general and not legal advice.
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