Home > Visa > Visa: Can Employee Stay In US While H1B Extension Is Pending?

Visa: Can Employee Stay In US While H1B Extension Is Pending?

H1B employee may continue to work and stay in US for a period of 240 days while H1B extenstion is pending.

A federal judge in Connecticut ruled that government may not arrest H1B employee who have timely filed extension application and status is pending. The decision in El Badrawi v. United States, by U.S. District Judge Janet C. Hall, recognize that “work authorization is part and parcel of their authorization to be in the country, not a separate matter.” This decision clarifies 8 C.F.R. § 274a.12(b)(20) not only provide work authorization but also makes it legal for employee to stay in US for period no longer than 240 days while extension is pending. In their brief in support of Mr. Badrawi, AMERICAN IMMIGRATION COUNCIL (AIC) and THE AMERICAN IMMIGRATION LAWYERS ASSOCIATION (AILA), argued that “a policy that allowed DHS to arrest, detain, and initiate removal proceedings against an H-1B beneficiary during the processing period for a timely filed, pending extension request would have devastating consequences for companies that depend on these employees.”

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  1. April 27, 2011 at 1:38 am

    Informative blog. According to the USCIS, as of April 15, 2011, the agency has received 7,100 out of 65,000 available cap-subject H-1B petitions for FY-2012 and 5,100 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

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