F2 approve but H1B extension pending


#1

My employer submit H1B extension three months ago, but got denied.

My current H1B expire soon, so employer decide to refill H1B extension for me, similar as H1B extension-amendent. There is no Premium Process.

However, we afraid our H1B extension may deny again, in case of that, we try to file F2 (My wife is F1 now) before my current H1B expire. Hence, if my H1B extension deny again, I may have F2 that keep me stay in USA.

However, we have two questions.

  1. We wonder if F2 approved first, but my H1B extension still pending, is that means my H1B extension automatic cancel ?

  2. After my current H1B expired, I have two application are pending (H1B extension and F2), can I still use 240 days cap to work for my employer ?


#2
  1. No - approval of one does not cancel pending applications. These are different departments.

  2. Yes you can