H1 extension denial. Till when can we stay? 60 days/ until current I-797 expiry

Asking these questions more for planning purpose. Appreciate the response.

My H1B(I797) is expiring in Sep 2023. Visa expired in 2020 and I don’t know if it matters for this question. I will be applying my extension in premium in April. In worst case scenario if the H1 extension is denied –

  1. Until when can i Stay in USA? Is it until Sep 2023 considering current I797 is valid till then or 60 days post denial which approximately will be Jun 2023.
  2. In case of denial, Am I eligible to still transfer my H1B to a different employer before expiry of valid I797(Sep 20230?

You are allowed to stay and work until the current H1B validity period which is sep 2023.

The extension is for the period after Sep 2023 and if it is denied, will not affect the validity of current H1B (upto Sep 2023).

You can file H1B transfer as long as you are in current valid status (valid i94) and keep staying in the US.
You can file H1B transfer even if you outside the US but then you will need the H1B visa stamp in passport to enter the US.


Thanks a ton for the response. Your forum is extremely helpful for all of us.

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