H1-B expiring soon I140 got RFE

[Akki03]

My 6th year of H1 is going to expire on oct 12th. I got RFE in I140 asking for company tax statements. My employer said he would respond to RFE next week. He applied I140 in premium processing. If my employer responds by 24th or 25th I will have 16 days left over for my H1 to end. If my i140 is approved on Oct 12 th? Can i stay in US and apply for extension?

 

If i dont hear by oct 12th, Do i need to leave the country on the same say oct 12th? or will i have some time to leave?

 

If I leave the country what are the options I may have to return back to US?  Can i take vacation for a month and return after H1B extension once I140is approved?

 

Thanks in advance!

[jairichi]

You can apply for COS to B2 (though it will be denied based on filed I-140) and this will give you time to stay in US to see whether your I-140 is approved. Once I-140 is approved let employer file H1B extension and get it approved. Then request USCIS for COS to B2 withdrawal.

[rara5]

As long as your H1B extension application is received/postmarked by USCIS on Oct 12, you should be ok and on PENDING status ( though I think you cant work till your extension is approved). This means your I-140 will have to be approved atleast day or two before so you can get the H1-B extension application ready and fedex'd.

Alternatively ofcourse you can leave the country on or before Oct 12 (staying any longer will accrue unlawful presence) and return after your I140 and H1B extension are approved. You will have to get the new stamp at the Consulate.