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is it legal to stay after max out date, and while extension filing in progress with approved I-140 ?

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Can you please share if you come across on below situation , or if you have any idea on below my situation ? 

-My I-797 and I-94 expired 4 months back, now on H1 extension receipt, got RFE and responding.- 
-Had the I-140 approved(got 15 days back), and max out of 6 years completed 2 days back(including recapture time), my employer is filing extension in premium as soon as LCA procured(in the process will get in another 3 to 4 days). 

Now in this situation can I stay now 1 week/10 days after my max out date ? (My employer haven't given any notice to depart USA so far), and, am I legal to stay with existing H1 which is in progress with approved I-140 ? 

If not legal, is there any option/points that I can justify/ explain about my stay until my extension petition reaches to USCIS or until getting receipt number? 

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