Status Expiring During the Pendency of an H-1B extension
1. I have approved I-140, on 7th yr of extension and my current H1B Visa and I-94 valid with emp A until dec 31,2018 based on my latest approval I received in Nov 1st week.
I have another 1 month to apply for an extension and I am requesting my employer to apply in premium processing.
1)If my extension is applied in Premium before I-94 expiration but pending beyond my expiration date 12/31/2018,
I will be 'out of status' even though 'authorized to stay' until decision is made. Is this correct that this may affect my future H1bs in case it is denied
and attract NTA(notice to appear) in future because of my 'out of status' from date of expiration to date of denial or while leaving the country upon denial.<br>
2. Is it better if I leave the country on the last day of my I-94 expiration(Dec 31, 2018) while my H1B extension is pending in order to avoid 'out of status' or 'unlawful presence' scenarios by staying here.
If I leave the country while extension is pending in above scenario, is it possible for me to go for consular processing, get VISA stamped after it is approved and enter the US legally?
or
is h1b extension is considered as abandoned?
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