Stay in US after MAXOUT based on I-140 and H1-B extension Receipt

Hi,

I have I-140 Approved, waiting for hard copy of approval. My Maxout is Jan-13,2023, including recapture. If H1-B extension(not in premium) is applied before Jan-13, can I continue to stay in US for 240 Days?

What are my options if Receipt is not received before Jan-13?

Thanks,
PT

Yes.

You should still be able to apply for AC21 extension based of the approval email that is generally sent to you employer’s immigration lawyer so I would suggest consulting with your lawyer to check your options.

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Thanks! Do you know how many days it takes to get actual approval copy of I-140 these days? I am told that approval copy is required for H-1B extension and uscis email saying it is approved does not work.

Generally speaking 7 to 21 days. Your immigration lawyer should recieve the original I-797.

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