thesilentkiller Posted November 22, 2011 Report Share Posted November 22, 2011 My H1-B extension petition for renewal is currently ongoing (pending for 4 months). My 6 years of H1-B completed recently. My I-140 was approved earlier this year. Am I out of status now because my 6 years has completed? Or is it ok because my H1-B renewal application is currently pending? The renewal application was submitted way before my H1 expired (about 4 months before). Thanks, SiKr Link to comment
Attorney_20 Posted November 22, 2011 Report Share Posted November 22, 2011 A timely filed, valid H1B extension request will keep you in a period of authorized stay until the case is adjudicated. Normally, the extension request would not be valid since you have exhausted the 6 year limit in H1B status but you are permitted to extend H1B status beyond that limit since you have an approved I-140 petition at the time of filing. Additionally, USCIS regulations provide work authorization to the H1B worker for up to 240 days after the I-94 expiration date or until the pending extension request is adjudicated, whichever occurs sooner. If you are approaching 240 days and the case is still pending, you and your employer may want to consider upgrading the case to Premium Processing if you haven't already done so. Link to comment
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