H1B Extension filed for 9 months. LCA date likely to be expired before a descision is made

[rajib01]

Hey Guys,

My company have filed for 9 months H1B extension in January 5, 2020. This will complete my full 6 yr tenure. The requested extension is for until September 30, 2020. We have got an RFE 3 months back and responded to it on July 16, 2020. Now the status says, "Response To USCIS' Request For Evidence Was Received".

Question is, what happens if USCIS takes longer than September 30, 2020 to make a decision. Will I be able to stay and work after that time? If I do continue to stay and work after Sep 30, and then lets say USCIS makes an approval decision in November this year with "approved until" date = Sep 30 (back date), shall I accrue unlawful presence for the period after September 30?

Any help is appreciated! Thanks in Advance

 

Edited August 3, 2020 by rajib01

[Zodiac System]

I am assuming that you do not have an approved I-140 OR a  PERM filed 365 days prior to your 6 years of H1b expiry which will allow you to work for the 7th year on H1b.

You can get into a different status i.e. F-1 Student status or O-1 Extraordinary Ability status.  OR leave the country for one year and come back and start a new 6 year cycle. 

Let us see what the experts say.

Edited August 4, 2020 by Zodiac System

[gopalakrishnach]

I feel you will approbval till end of 9 months. After that you will get unlawful stay. I feel better you plan only for 9 months irrespective H1B is approved or not. If approved you will have end date.

[adshah84]

In any scenario you are not suppose to work beyond 6 years that in your case Sept 30,2020. 

[rajib01]

Thank you Folks! I better plan to leave US before Sep 30.