H1B Max out : PERM Approved : I140 filed in Premium


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My H1B Max out is Aug 17, 2021, and my i94 expiry is Aug 27, 2021. I don't have any time left in my H1B for recapture. My employer filed an I-140 petition in premium processing and awaiting approval. 

1. Can I continue to stay in the US until the I94 expiry date? I will stop working immediately or 2 days prior to my H1B max out date and will be on Leave without Pay. 

2. If I140 is approved after my H1B Max out date but before the I94 Expiry date, can the H1B extension be filed before the I-94 expiry date, and can I resume my work with the H1B receipt notice?   

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On 8/14/2021 at 12:04 PM, Madeep said:

My H1B Max out is Aug 17, 2021, and my i94 expiry is Aug 27, 2021. I don't have any time left in my H1B for recapture. My employer filed an I-140 petition in premium processing and awaiting approval. 

1. Can I continue to stay in the US until the I94 expiry date? I will stop working immediately or 2 days prior to my H1B max out date and will be on Leave without Pay. 

2. If I140 is approved after my H1B Max out date but before the I94 Expiry date, can the H1B extension be filed before the I-94 expiry date, and can I resume my work with the H1B receipt notice?   

2. If I140 is approved after my H1B Max out date but before the I94 Expiry date, can the H1B extension be filed before the I-94 expiry date, and can I resume my work with the H1B receipt notice? 

USCIS keeps track of when they have received your extension petition from your employer.  You should be able to resume your work

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