My employer and I just realized that my H1B expired last week. I previously read that the USCIS is giving an additional 60 days to respond to certain USCIS requests, like RFEs. Does that mean we get an extra 60 days to file my H1B extension?
25 Nov 2020Answer
No, the 60-day flexibility being provided by the USCIS does not cover H1B extensions. Your employer could make a nunc pro tunc requests (i.e., Request that the USCIS approve the extension request even though you were out of status at the time of filing.) But, that is a discretionary benefit that the USCIS does not have to grant. Your employer should check with their legal team to determine how best to proceed. (25.Nov.2020)
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