Extract to table

The petition must be non-frivolous and must seek extension of the same nonimmigrant classification with the same employer

However, the Company must monitor the pending petition closely, and Calderwood & Harkness must prepare a robust and timely RFE response

The regulation provides, in pertinent part: "An H-1B, H-2A, H-2B, H-3, L-1, O-1, O-2, P-1, P-2, P-3, or Q-1 alien shall not be considered to have failed to maintain nonimmigrant status solely on the basis of a brief interruption in the employment or engagement if such alien is in the United States, if the employer or petitioner has filed a nonfrivolous petition to extend the alien's stay that was received by the Service prior to the date of the alien's expiration of authorized stay, and if the alien's employment authorization shall continue for the same employer for a period not to exceed 240 days beginning on the date of the expiration of the authorized period of stay

Five requirements must be satisfied for the extension to take effect: 1

The extension petition (Form I-129, Petition for Nonimmigrant Worker) must be filed before the expiration of the beneficiary's current authorized period of stay, as reflected on the I-94 Arrival/Departure Record

The extension petition must be filed by the same petitioning employer that sponsored the beneficiary's current H-1B status