My H1B 6 year max out and I94 expiry is on 21 July 2021, PERM filed date is OCT 8 2020. In addition to my current petition, I have an additional 90 days travel period outside of USA which I want to recapture by filing an extension.


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1. If this 90 day extension is denied after my I94 expiry and I file for an H4 parallelly before my I94 expiry since my spouse is also on H1B with different employer, can I continue to stay in the USA on my H4 receipt notice and not work ?

2. If I now apply for my extension to avail the recapture days outside US ( i.e the additional 90 days which will make my new max out date as 20 Oct 2021, which will technically fall into the criteria that my perm was filed 365 days prior to my max out date) , then will my extension get approved for 90 days only or  1 year extension or 1 year and 90 days extension ?

3. If my extension that am applying is considered only for the 90 days then what are the current chances for it to get approved?



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