Thank you for your time reading through my case. Your advice is greatly appreciated.
Here is my situation:
My current I-94 expired in August.
I have a pending H1B extension (I-129) filed for recapture time (6 years total) which is valid until October 2019.
And, in the meantime I have received approved I-140.
You can file a new H1B extention requesting a 3 year term with approved i140. You can stay beyond Oct 2019 in US once you have filed this 3 year extention.
My current I94 is expired in August. Is it sure that another extension with approved I140 can be filed in parallel without getting filed extension approved?
And if extension for recapture time is in RFE by Oct, I can still continue my stay?
The 240 day rule might apply as your i94 has expired.
You can file new extention even before the previous reaches a result. You do not have any other option but to apply for another extension on or before October as your current extention requested time would expire.
Here is the update:
I got RFE for my first extension petition and we are filing new one (with 140) in premium. With this I don’t think I can beyond 25th unless I get new approved before that date?