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HopefulOfResults

Can my employer file a new H1B EXTENSION for approved I-140 when previous H1B extension is pending with USCIS & I-94 is expired?

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My Current H1B & I-94 expired on 4th Oct 2019

My Max Out time including recapture days is till 16th Nov 2019
My Employer has applied for H1B visa extension (till max out date) under normal processing which was received by USCIS on 20th Sep 2019 and my case status is still "Case Was Received" and receipt has reached my employer.
I have already got my I-140 approved but current H1B extension request is pending with USCIS
1. Can my employer file for another extension based on my approved I140 though previous extension request is still pending with USCIS?

2. Or do they need to convert prevent extension request to premium and once approved, and approval copy received, only then file for I140-based extension?

3. Also given max out date is 16th Nov (around 1 month to go), is it very likely that I’ll not get any RFE on previous extension request when converted to premium, rather they’ll simply approve it?

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