H1B pending after max out date with i140 approved


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Hi, I have got my i140 approved but my h1 extension was not filed in time to extend beyond six years and I will be on max out date before new h1 extension can be approved . Can I continue work with h1 receipt notice beyond max out date of I have i140 approval? Does 240 days rule apply in this case ? Or I must have “approved “ h1 to continue legally work for this employer and will go out on status ? 

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  • 4 weeks later...
On 11/23/2020 at 11:06 AM, ks2882 said:

Hi, I have got my i140 approved but my h1 extension was not filed in time to extend beyond six years and I will be on max out date before new h1 extension can be approved . Can I continue work with h1 receipt notice beyond max out date of I have i140 approval? Does 240 days rule apply in this case ? Or I must have “approved “ h1 to continue legally work for this employer and will go out on status ? 

 

On 11/23/2020 at 11:06 AM, ks2882 said:

Hi, I have got my i140 approved but my h1 extension was not filed in time to extend beyond six years and I will be on max out date before new h1 extension can be approved . Can I continue work with h1 receipt notice beyond max out date of I have i140 approval? Does 240 days rule apply in this case ? Or I must have “approved “ h1 to continue legally work for this employer and will go out on status ? 

 

On 11/23/2020 at 11:06 AM, ks2882 said:

Hi, I have got my i140 approved but my h1 extension was not filed in time to extend beyond six years and I will be on max out date before new h1 extension can be approved . Can I continue work with h1 receipt notice beyond max out date of I have i140 approval? Does 240 days rule apply in this case ? Or I must have “approved “ h1 to continue legally work for this employer and will go out on status ? 

I am on H1B, this is regarding my I-129 petition, which was filed in premium processing. It was filed based on I-140 petition approval to get the extension beyond 6 years limit to stay and work in US. My  max-out is Dec 30th – 2020 and attorney is in process to submit RFE Response. My questions is that, in case I don’t get approval prior to my max-out (Dec 30th 2020) then will I be able to stay & continue working in US as my extension is in process. Like one can stay and work for 240 days after H1 expiration if extension is in process. Or is there anything else I will have to plan if I don’t get approval before Dec-30th 2020. Kindly advice so that I can plan ahead accordingly.

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I am on H1B, this is regarding my I-129 petition, which was filed in premium processing. It was filed based on I-140 petition approval to get the extension beyond 6 years limit to stay and work in US. My  max-out is Dec 30th – 2020 and attorney is in process to submit RFE Response. My questions is that, in case I don’t get approval prior to my max-out (Dec 30th 2020) then will I be able to stay & continue working in US as my extension is in process. Like one can stay and work for 240 days after H1 expiration if extension is in process. Or is there anything else I will have to plan if I don’t get approval before Dec-30th 2020. Kindly advice so that I can plan ahead accordingly.

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