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unna.ramanath@gmail.com

H1b extension after 140 approved

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Hi , My H1b visa expired in Mar 2018 , applied extension . But my 6 year max out is May 2018 . As of now my 140 is applied , waiting for approval. Should I revoke my current visa extension and apply for a new extension once my 140 is approved or will the old extension filed in feb 2018 will be sufficient. Also , if my 140 is approved just before last date of maxout , can I legally stay in US while the revoking of old extension is done and new extension is filed?

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You don't have to revoke your extension which you have applied. Once your PERM is approved you are entitled to extend your H1B in the interval of 1 year. Since your I-140 is not yet approved you will get an extension of only 1 year. If you revoke your extension, you are not entitled to stay beyond your I-94 expiry. If you have applied for the extension you are entitled to stay 180 days from the date of your I-94 expiry till you get the approval for your extension.

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