H1B extension with I-140 after I94 validity? AC21 (104c)?


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.

In this situation, is there a chance for me to continue my stay after October?
Can another H-1B extension be filed with approved I-140 before decision of pending I-129?
Can approved I-140 be interfiled into pending I-129 and visa be requested for 3 years?
Does this case apply for AC21 section 104©?

Please provide your valuable advice. Thank you!

Hi @rakeshsgorke

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.

Hi @Anil_Gupta

Thanks for quick reply. Appreciate it.

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?

Hi @rakeshsgorke

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.

You are fine. Many people do it this way.

Thanks @Anil_Gupta Appreciate your help very much.

My 6 year is completed in October I don’t think 240 days rule apply.

Any comments on AC21 rule just to know?

What is your question about AC21?

I meant to say that 240 day rule might apply if you file another extension in October and keep staying in US.

If you don’t file an extension, then, offcourse, you cannot stay beyond Oct 2019 in US.

Thanks @Anil_Gupta

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?

Hi @rakeshsgorke

If your i140 has been approved, then I think you can stay beyond max out date if the extension has been filed. Double check with your attorney.

Off-course, getting the approval before max out date should be the best option.