Out of status during H1B extension

[desitousa]

Hi,

Currently on 6th yr of H1B & PERM process(Green Card) is on process.My visa expires in 4 weeks & planning to apply visa extension in 1 week(as premium processing).Incase If I get RFE in 2 weeks & will get 4-6 weeks duration for responding to the RFE.

Will I be out of status incase my petition is not approved after 4 weeks ?

Or any flexibility to continue the project work if my extension is on pending processing?

Thanks in advance!

Desi Friend

[Attorney_10]

Generally, an individual will be in a period of authorized stay after his/her I-94 card expires as long as an extension petition was timely filed and is pending. Generally, if the petition is denied, the individual would be out of status and required to depart the U.S. immediately. If the petition is approved with a new I-94 card, the individual will resume H1B status. Please schedule a consultation with a qualified immigration attorney to discuss the specific facts relating to your case and to make sure your petition is timely filed.