H1 Extension pending, I94 expired

[tn83]

My company has filed my I129 for Extension of H1 along with my dependents(Extension of H4) on 15th Dec 2014. My I94 expires on April 2016 whereas my dependent's I94 expired on April 2015. My company received an RFE on March 24th, 2015 to which my petitioner responded and i received a 'Response received notice' from USCIS on May 20th 2015. I have not received any update after this.

1) Since the petition for Extension was filed on time, I understand that it is legal for my dependents to stay in US until 240 days from the date of I94 Expiry. Can my dependents not stay legally in US beyond 240 days from the date of I94 expiry even if the petition is kept pending at USCIS end?

2) Meanwhile, my Company filed for permananet residence under the EB1C concurrent category for me on March 12th 2015. Me and my spouse received EAD which is valid till April 2016 though neither of us used the EAD. I140 and I485 are pending decision from USCIS. Now if we do not get a response on the H1 beyond 240 days or if it gets denied in the worst case, can my dependents stay beyond 240 days since the I485 is in pending status?

3) If the H1 extension gets denied what would be the best way to proceed. Should the company file a fresh H1 extension petition? Can i continue legally working for my company till April 2016(my current I94 expiry date)?

[ker2usa]

My company has filed my I129 for Extension of H1 along with my dependents(Extension of H4) on 15th Dec 2014. My I94 expires on April 2016 whereas my dependent's I94 expired on April 2015. My company received an RFE on March 24th, 2015 to which my petitioner responded and i received a 'Response received notice' from USCIS on May 20th 2015. I have not received any update after this.

1) Since the petition for Extension was filed on time, I understand that it is legal for my dependents to stay in US until 240 days from the date of I94 Expiry. Can my dependents not stay legally in US beyond 240 days from the date of I94 expiry even if the petition is kept pending at USCIS end?

2) Meanwhile, my Company filed for permananet residence under the EB1C concurrent category for me on March 12th 2015. Me and my spouse received EAD which is valid till April 2016 though neither of us used the EAD. I140 and I485 are pending decision from USCIS. Now if we do not get a response on the H1 beyond 240 days or if it gets denied in the worst case, can my dependents stay beyond 240 days since the I485 is in pending status?

3) If the H1 extension gets denied what would be the best way to proceed. Should the company file a fresh H1 extension petition? Can i continue legally working for my company till April 2016(my current I94 expiry date)?

If you are denied the extension, then you will be considered out of status from the end of the previous i94 until the denial. Same goes for dependents. Regarding their stay beyond 240 days, you will have to confirm with your company lawyers and do so in writing for proof. Sorry that I do not know the exact answers to your questions.