H1B visa 5 years completed, H1B extension approved for 3 years. Can i stay in US?

USA H1B Visa
1

My case:

  1. I am currently in my 6th year of H1B visa and working in USA.
  2. My employer applied for my H1B extension and it was approved for 3 years straight.
  3. My I-140 had not been filed.

My question:

  1. Can I keep working in USA beyond my 6 year H1B quota?
  2. Is it legal since USCIS approved it with no issues?
2

Well, this is a funny situation that USCIS themselves ignore their own law.

  1. You should NOT work beyond a total of 6 years even though your extension has been approved by USCIS. USCIS may have approved in this in error. Yes, they do make mistakes!
  2. Since your I-140 has not been approved, you cannot really prove your case in future. USCIS generally will not consider their own judgment mistakes as their problem. The onus will be on you to follow those laws strictly.

Our advice is to leave the US on 6 year completion unless you get your I-140 (green card application) approved or in process before 6 year mark.