Can an H1B extension be amended with new end date?

USA H1B Visa
1

My max out (6yrs incl all vacations) date is June 13th 2018, Currently, one extension is filed with end date as June 13 2018 and my decision had not come yet.

How long can I stay in the US until I get the decision for my H1B extension(is that 240 days wait time valid in my case?), still my max out date would be 06/13/2018?

My employer will file I140 now if I process it with premium, and with its approval, can I file another extension for another 3 years with out the first one getting approved?

Can two H1b Extension go with different petition end dates or parallelly?

Will the decision for one will affect another?

Or can I file something like an ammendment for the first/existing extension petition with approved I 140?

2

Hi @Sudarshan_Gajavaradh

240 day rule for H1B beyond 6th year

The 240 day rule does NOT allow you to stay beyond your requested END date in your H1B extension application.

In your case, you are trying to re-capture vacation time and your last date is June 13, 2018.
So, if your H1B extension is still pending on that date, you will have to leave USA.

PERM pending for more than 365 days OR I-140 approved

The situation would be different if you filed your H1B extension based on PERM that’s pending for more than 365 days OR you had I-140 approved.

In either case, you could have used the 240 day rule to stay in US as your REQUESTED H1B extension end date would have been greater than those 240 days.

In your case, you can stay beyond June 13, 2018 if your I-140 is approved and you file a NEW H1B extension application based on your I-140.

Can two H1b Extension go with different petition END dates in parallel?

Yes, you can have multiple H1B extension applications filed in parallel.

All applications are evaluated separately by USCIS based on the documents you submit with the application.
The final decision does not affect other applications except that the most recent application may NOT be analyzed by USCIS unless the previous ones have received a final result.
This is called bridging.

You can file another H1B extension based on your approved I-140.

Let me know if you need more information.

1 Like
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Thanks Anil for your response.
In the worst case, if I did not get my I140 result by then and I have other commitments to continue stay, Can I convert to H4 from H1B as my spouse is with H1B with a different employer. and how soon do you advise me to start doing that considering my maxout date is June 13th 2018.
And what happens after I file for H4 petition while that is in process, if I get I 140 approved before I receive H4 decision. What are the steps I need to take to come back to H1B on cap exempt ?

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Hi @Sudarshan_Gajavaradh,

Filing I-140 in Premium

You should file I-140 in premium if you want things to move fast.

If you file in normal processing, the chances of approval before June 30, 2018 are extremely low.

Current standard processing time for I-140 is more than 7 months!!

https://www.truvisa.com/t/current-i-140-processing-time-nebraska-texas/193

Apply change of status H1B to H4

Yes, you can convert to H4 based on your wife’s H1B.

If you really want to do it, I would suggest to do it as early as possible and before June 13, 2018.
At this time, USCIS is taking more than 4 months to process changes of status applications.

Remember, there is no premium processing available for H4.
Also, you the COS is NOT applicable unless it is approved.

NOTE:
In your specific case, since you are completing 6 years on June 13, 2018, you will NOT be able to stay in US even if you file H4 COS and it is still PENDING.

You have to have any one to be TRUE to stay in US beyond June 13, 2018:

  1. H1B extension pending based on I-140 or PERM pending > 365 days OR
  2. H4 COS is APPROVED, not pending OR
  3. H1B Extension approved for period beyond June 30, 2018. For this to happen by June 13, 2018 both your I-140 and H1B extension has to be filed in Premium and should be approved.

My suggestion

It is better to go out of US on June 13, 2018 and return by getting H4 stamped at US embassy. This would be much easier and faster than applying for COS to H4.

Coming back to H1B with approved I-140

You will normally file H1B application using your I-140 requesting for extension beyond your 6 year mark.

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Hi Anil, Thanks again for your response.
I have few doubts for your below response from previous chat.

Apply change of status H1B to H4

Yes, you can convert to H4 based on your wife’s H1B.

If you really want to do it, I would suggest to do it as early as possible and before June 13, 2018.
At this time, USCIS is taking more than 4 months to process changes of status applications.

Remember, there is no premium processing available for H4.

For this answer…

I would like to know about the maximum last date which you suggest me to work with H1B?
And once I got the receipt notice for change of status of H1 to H4, still i can work with my employer till my max date?
Can I still continue to stay in US with the receipt notice of COS H1-H4?
While my COS h1-H4 is in progress? If I get my I140 approval, Can my employer file H1B petition based on I 140 approval?
What happens once my COS-H1-H4 gets approved after applying my H1B petition(while H1B petition based on I 140 in progress)? Will my H1B gets impact?

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Hi @Sudarshan_Gajavaradh

  1. Your maximum date is June 13, 2018 keeping in mind you are completing your 6 years on H1B.

  2. Since COS is not applicable unless approved, you can keep working for your H1B employer till June 13, 2018 unless COS is approved before that.

  3. NO, You cannot stay in US based on COS receipt notice. I have clearly written the scenario in my previous reply. Please read it AGAIN.

  4. Yes, h1B extension can be filed anytime.

  5. The petition to be approved last takes the precedence and all petitions are evaluated separately based on the documents submitted. They don’t affect each other.

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Hi Anil,

I need your advice in the below scenarios.

May Max out date = 06/13/2018

My I 140 is approved on May 25 th 2018.

My current H1b Petition ended on April 30th 2018.

Applied I-129 extension and that is currently in RFE status, responded to query in premium processing.

AC21 extension is prepared to be filed before June 13th.

Scenario 1: RFE is getting approved before June 12th

Can I continue to stay in US with AC21 pending for the decision?

Scenario 2: Not getting any response for RFE before June 12th but getting approved like 15th or 16th (lets say)

Still, can I continue to stay beyond my max out AC21 result?

Scenario 3: No response for RFE till June 12th and gets denied after June 16th or so.

So this current AC21 Extension would also get denied as per my understanding correct me if I am wrong.

Continue to stay in US until 16th.

Can I do another cap-exempt after traveling back to India?

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Scenario 1: RFE is getting approved before June 12th

Yes, you can stay in US based on pending AC21 extension after June 12.

Your current H1B RFE approval will give you valid status till June 13.

Not getting any response for RFE before June 12th but getting approved like 15th or 16th (lets say)

I do not understand your question clearly here. Can you elaborate?

Answering based on what I understood (Correct me if I am wrong):
If you RFE is pending on June 13th, you should leave US to avoid any ‘Out-of-status’ time. You can re-enter once the RFE is approved and getting new H1B visa stamp in your passport.

Does that answer your question here?

No response for RFE till June 12th and gets denied after June 16th or so.

Once the RFE extension is denied, you should leave the US and wait outside for the result of your AC21 extension (if it was already filed before June 12).

Cap Exempt H1B after travelling back to India

You can file Cap exempt H1B ONLY with your approved I-140 as the basis of #usa:h1b, which you are already planing to do.

If you want a fresh quota of 6 years with new H1B, then you have to wait outside USA for 365 days and then file a fresh H1B. In this case, no I-140 would be required.

9

Thanks for your response Anil.

Just for scenario#2

If my RFE response is sent to USCIS but they did not respond their decision till 12 th of July(Not approved not denied).

Still can I not stay in US with AC 21 in progress and pending RFE decision?

Even if it’s approved, it would be like valid only for one more day right I.e my max out being 13 June.

Also what’s the point when the rfe is getting approved after June 13 th?

Thanks
Sudarshan Gajavardhan

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Well, if RFE is pending on June 13, I would suggest to leave USA as your total 6 year allotment is ending right on that day.
Wait outside for the result of both RFE and AC21 extension to be on safer side.

The RFE’s approval is important to mark your status between April 30 to June 13 as valid.

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Thanks a lot for tour response Anil

Thanks
Sudarshan Gajavardhan

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You are welcome.
Do share what decision you take and how things go around.

It will help others looking for answers.

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Hi Anil
I am also in the same situation
h1 extension filed on apr 29 2019 (extension requested till jun 30 2019 maxout)
i140 approved on apr 30 2019
max out jun 30 2019
2nd extension filed on jun 26 2019

now i got rfe for the 1st extension filed on apr 29.
while replying to this rfe can i change the end requesting for 3 years extension ??
if i can do that should i need to withdraw the jun 26th extension

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Hi @sylvia

I don’t think you can change the period requested for H1B as part of RFE response.

What has been requested in RFE?

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Hi Anil

Still didnt receive the RFE details.

  • Can I stay in US if the first extension gets denied till i get the decision for the 2nd extension filed on jun 26th??
  • First extension filed in nebraska and 2nd extension in california if my first extension got denied will they reject the 2nd also ??
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Hi @sylvia

Your stay will be defined by the status of your i94.

Did you file the second extention before your i94 expiry?

17

Hi Anil

my i94 expired on apr 30

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Hi @sylvia

Then, i suggest to not stay in US in case of extention denial.

You should also take a second opinion and talk to your attorney in case extention is denied as a lot would depend on the denial reason.