My H1B petition was approved through February 10. When I last entered the U.S., I was given an I-94 valid through February 20. Does this mean I have until February 20 to file for my H1B extension or amendment?

Answer

Yes, but you likely will want your employer to file the extension before reaching this 10-day grace period.

Upon admitting a person in H1B status, the Customs and Border Protection (CBP) agent at the U.S. port of entry generally has the discretion to grant the H1B worker a 10-day grace period beyond the expiration date of the H1B petition. During this 10-day period, it is possible to file for an extension or amendment (or change of employer). However, a person normally may not work during this 10-day period until and unless an H1B extension or amendment (or change of employer) is filed. Therefore, it typically makes sense to have the H1B extension filed before the expiration date of the H1B petition. (30.Jan.2020)

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