Grace period for I 140 approved with expired I 797 /I94

USA H1B
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1

I am expecting to receive I-140 approval in month of ending of Dec-2023 and my current I-797 expiration is Jan 04,2023 and I-94 expiration is Jan 14,2023.

My question is that,

  1. if in worst case, i received I-140 approval on Jan 04,2023 in that case shall i have to leave country ? since H1 extenstion in premium processing also take some time for document gathering, application preparation and finally submission.

what is a grace preiod for I -140 approval with expired I-797/ I-94? shall we stay beyond I-94 expiration since I-140 approved ?

please suggest.

2

You dont need to leave if AC21 ( H1B extension beyond 6 year term based on approved I-140) extension of status is filed before the I-94 expiry.

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3

I agreed with you regarding AC 21 case if 365 days or more have elapsed since the filing of PERM but i need clarification in my worst case ,

if i get I 140 approval very near to expiration of Current I-797 and not getting sufficent chance to file further extenstion so in that case what is a next step?

what is a grace preiod for H1b candidate with I -140 approval and carry expired I-797/ I-94? shall we stay beyond I-94 expiration since I-140 approved or leave country ?

4

You should not stay beyond i94 expiry unless an H1B petition is pending with USCIS.

As far as I know, there is no grace period in this situation.

The one thing that most people would do is count their vacation time outside the US and claim it to extend the 6 year time limit.

This is called recapture time.

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