How to maintain status after H1B 6 year max out

[nhou]

Hi All,

Below are my details on my situation and could you please help me with your inputs.

Thanks in Advance for your kind inputs.

• Priority Date - May 2017
• LC approved - July 2017
• I-140 applied - Dec 2017 (non premium)
• H1B expires in April 2018 ( this completes my 6 years max out)
• I-94 expires in April 2018

Below are my queries:

1. am I eligible for H1B extension beyond April 2018 based on approved LC?
2. In case, my I 140 is approved, could i continue to work based on H1B Extension receipt while it is still pending approval? 
3. can I move to H4 while my I 140 is pending? will it cause any issues for I 140 approval?
4. What options do i have to stay in status, after April 2018, without impacting my pending I 140 approval?
    

[pontevecchio]

1. No

2. Yes

3. No

4. The I-140 is decided on merits defined by the Officer concerned and the guidelines.

[care_candidate]

Don't know if I-140 premium is possible at all or possible in your case. You better hire attorney just for consultation. This whole Sheela Murthy team is very knowledgeable and can help you as they did for me a while ago. If there is a gap between expiration of your H1b approval of extension and I-140 approval, you will need to stop employment and/or leave country.