Legal Status in US after H1B Max Out

[Sidharth427]

Hello Sir,

I am currently working in US on H1B Visa which will Max Out in Jan 2017. My GC in EB1 category was filled by my employer in June 2016, and though I received EAD/AP a month back, I recently got a RFE on my I-140. My employer is in the process of submitting the response for the same.

Giving this scenario my question is, Can I legally continue my stay in US beyond H1B max out date assuming my I-140 still remains in pending state by then? Or Is it that only if I-140 gets approved before Jan 2017 and just I-485 remains pending, I can retain my stay? 

Please Help.

Thanks,

Sidharth

[JoeF]

If you have an EAD, it means an I-485 was filed. That keeps you legal. If the I-140 is denied, then the I-485 would also become invalid, and you would have to leave.

[Sidharth427]

Thanks for your response sir.

Though my existing H1B will max out but Can I apply for H1B extension based on my pending I-485 in this case?