What happens if you leave the US while your H-1B petition is pending?
Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned. Your underlying H-1B petition may still be approved, but you would have to depart the U.S. and apply for an H-1B visa abroad to re-enter the U.S. in H-1B status before you could start your H-1B employment.
How long can H1B holder work with pending extension?
As you can see in below screenshot of the regulation, it says that a H1B holder with pending extension petition can work for up to 240 days from the date of expiration of authorized status, which is basically the expiration date of your previous H1B petition or I-94.
How many days can you work on H1B petition?
Alternatively, if your H1B petition decision is pending with USCIS for 240 days, from the date of expiry of your previous petition or I-94, you can continue to work for up to 240 days. Below is the official reference text from employers’ handbook on USCIS website.
What happens if USCIS denies my H1B extension?
What it means is that, if USCIS denies your H1B extension petition earlier than 240 days mark, from the day your previous H1B petition or I-94 expired, then you need to stop working immediately and leave the country.
Leaving the country while USCIS is reviewing your petition will cause USCIS to consider your petition for a change of status to be abandoned. Your underlying H-1B petition may still be approved, but you would have to depart the U.S. and apply for an H-1B visa abroad to re-enter the U.S. in H-1B status before you could start your H-1B employment.
What it means is that, if USCIS denies your H1B extension petition earlier than 240 days mark, from the day your previous H1B petition or I-94 expired, then you need to stop working immediately and leave the country.
As you can see in below screenshot of the regulation, it says that a H1B holder with pending extension petition can work for up to 240 days from the date of expiration of authorized status, which is basically the expiration date of your previous H1B petition or I-94.
Alternatively, if your H1B petition decision is pending with USCIS for 240 days, from the date of expiry of your previous petition or I-94, you can continue to work for up to 240 days. Below is the official reference text from employers’ handbook on USCIS website.