H1B Extension on Pending MTR of I140.


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Here is my case details:-

Labor approved, I140 denied for ability to pay. Employer filed MTR with current tax returns documents. The labor has been filed and approved less than six months and I140 pending with MTR. H1B expires in 15th May 2011 completing all six years with all recapture periods utilized.

The questions are:

1. Can I file an extension of H1 with pending MTR and less than year old labor application?

2. Is it legal to stay in US after May 2011 while MTR is pending and H1 extension is filed before expiry?

3. In case, if the MTR is denied, would the illegal/out of status will start from 15th May 2011 or from the date the MTR is denied?

Best regards,

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