Hello
I have a quick question rather an important one would appreciate a quick response
My I797 would expire end of this month and also my project ends by that time, and chances are a fresh sow for project extension will be signed in mid May , with this regards my employer delayed an extension process as he is waiting for the project to be finalized ,considering this will this be fine to remain out of status for a month ? An honest opnion is appreciated
You should apply for extension within your current H1 expires, only then you can continue working. Otherwise, you will have to stop working from when your H1 expires and you go on to be on grace period (to go out of status) to exit the country. Your extension petition may be denied if extension filed after expiry of your H1 visa.
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One thing to keep in mind for the next time is, you can initiate your extension process 6 months before H1 expiry. This would save you from unwanted issues that you are having now, in the tail end of H1 validity.