H1B Extension for recapture pending after max out date with Perm pending

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I am working as a full time employee for a US firm. My 6 year max-out date is 01/19/2021 and as per my I-94 it is 01/29/2021. My Perm was filed on Nov 2020 and it is still pending. I stayed outside US for 3 weeks of time.  My Employer is performing two processes in parallel.

1. Filed for a Canadian work permit on October 2020. Waiting for Canadian work permit visa for temporary step out until my I-140 gets approved.

2. My Employer is planning to file an H1-Extension for recapturing those 3 weeks of time on 01/12/2021 using normal mode hoping USCIS will take 3 to 4 months or 240 days to respond. So that before we get a response from USCIS for my extension( In 240 days time) my Canadian work permit would be approved. So i can move there temporarily until my I-140/extension gets approved.

Am i legal to stay in US(with payroll) until 240 days or until USCIS responds to my extension case. I hear from couple of my friends that i need to step out after my max-out even though my extension for recapture is in pending state.


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  • 4 weeks later...

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