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H1b extension after 6 yrs based approved i140, RFE situation

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Posted by VAMSI82 (33) 13 Feb 2018#1
Hello All,

My 6 year H1b term will be completed on 03/01/18 (i-797 & i-94 valid through 03/01/18).
Based on i140 approval, applied for H1b extension and received RFE.
Replied back RFE and waiting for approval.

My Questions are

1. If H1b extension denied after 03/01/18, i will be out of status because of i-94 expired - Based on spouse H1b, can i still change status from H1b to H4 without leaving the country or
2. Do i need to exit country with in 60 days and change status to H4 / H1b (Apply new petition in premium and come back with H1b stamping)
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Posted by spideey666 (6572)   13 Feb 2018#2
to VAMSI82:

you can still apply for another h1b and if it was within 60 days, you may get a new I-94. Worse case, it will be approved without I-94 and you can just exit and reenter. For h4 conversion, just exit and come back on h4 rather than applying for aos here. it will take for ever.
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Posted by VAMSI82 (33) 13 Feb 2018#3
to spideey666:

Thanks spideey666 for reply.

To my knowledge, we can apply for new H1b within 60 days if I-94 is still valid. But in my case I-94 will be expired by the time of decision. I thought 60 day rule valid for people having valid I-94.

Can any body else please clarify of this.
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Posted by usics (343) 13 Feb 2018#4
to VAMSI82:

Is it filed in premium?
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Posted by VAMSI82 (33) 14 Feb 2018#5
to usics:

Regular
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