H1B extension based on approved I-140

[vikshere]

Hi,

I have approved I-140 and H1B details are below:

H1B Valid Till : 02/25/2020

I-94 Valid Till : 03/06/2020

H1B Max out : 04/04/2020

My H1B extension based on approved I-140 is yet to file, could you please help me to understand following scenarios:

1) If extension decision crosses my max out date and gets denial, do I need to I need to leave US next day?

2) If I use all my 6th years and leave the country, can I use my approved I-140 to file extension and re-enter after approval?

Thanks.

 

[User099]

1. Its not the max out date, its I94 validity date. If your petition is denied after the I94 date, you will have to leave ASAP.

2. Since you have I140 approve, you can always apply for a new petition and re-enter if approve. You will not be limited by the 6 year rule. 

[Sonyshaik]

Hi ,

i am in similar situation, 

h1b valid till April 3

i94 valid till April 13 

perm approved , i140 initiation is in progress with premium process . If I 140 approved , is that enough to stay or extension should be filed ?

[User099]

On 2/6/2020 at 1:02 AM, Sonyshaik said:

Hi ,

i am in similar situation, 

h1b valid till April 3

i94 valid till April 13 

perm approved , i140 initiation is in progress with premium process . If I 140 approved , is that enough to stay or extension should be filed ?

Extension should be filed. 

[Mav777]

What is h1b max out date? If you haven’t filed for an extension to recapture time, the h1b maxout date has no meaning. It’s not “automatically” given.

the existing approved petition/ i-94 validity date is the pertinent date. Your h1b extension based on approved i-140 needs to go before the expiry. If approved, you will ofcourse continue your legal stay, if denied, you will have to leave the country immediately

AC21 allows you to apply for h1b extensions again based on the approved i140, irrespective if you used up all 6 years of h1b. And you can do it while living outside the country.