Can I apply for extension once I 140 is approved while previous H1B extension is rejected?

USA H1B Visa
1

Hi,

My current H1B is expiring by September 30th 2018 and it can be extended for three more months to complete my 6 years of tenure. Also, my PERM is also in progress but for sure I will not get I 140 approved before September.

My question is that, can I apply for extension to recover those remaining three months after September 2018 and await for I 140 approval? If I do not get I 140 approval before October, I will leave US so that I do not consume complete 6 years tenure and I come back to US after I 140 is approved by applying for extension.

What will happen if my extension to recover three months is rejected but I 140 is approved? Can I still apply for extension with approved I 140 from India?

Thanks for your help in advance.

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As long as you are in status , you can request for an extension . An approved I-140 is not a basis for deciding the merit of an H1 petition of any kind , be it new , extension & amendment. But an approved I-140 can be considered to extend the H1 beyond 6 years , if the petition qualifies otherwise.