How to Extend my stay in H1b, current petition in RFE and I140 approved recently.

[Apurv123]

Hi,

I am currently in H1B visa and my Current Visa Expired on 08/14/2019 and my visa max out date is 02/10/2020.
An extension was filed on 06/14/2019 for the Extension but this extension got an RFE.

Meanwhile my I140 petition was approved on 10/15/2019.

I have 2 scenarios, current extension petition approval or denial .

Approval Scenario:

1. If the RFE petition(filed for 06/14/2019) gets approved, we can file an timely extension for the next 3 years based on the
approved I140 which would give me the breathing time.

Denial Scenario:

2. What if the Extension petition that is currently in RFE for the extension gets declined?
How can I extend my stay here with an approved I140?


Can you please guide me here?

[Libra_14]

2. What if the Extension petition that is currently in RFE for the extension gets declined?
How can I extend my stay here with an approved I140?

An approved I140 doesn't give you an status & hence you cannot stay in USA based on an approved I140. You need to have an valid H1B petition in hand to stay or extend your stay in USA.