H1B amended petition denied with i94 expired and pending extension case

I have a question. I have my i94 set for expiration on Sept 30, 2016. I have a pending amended petition and a pending extension case. The amended petition was filed in Feb 2016 and extension was filed in May 2016. None of the two have been decided by USCIS till date.

I have two questions:

After Sept 30, 2016 if amended petition is denied with extension still pending, will that result in extension also denied? If that’s true, will there be any way to stay in the US or return to native country is the only option? And, if return to native country is the only option, does that mean now visit to US isn’t possible again?Can we upgrade our extension case to premium processing with amended petition filed before it still in pending state? Would appreciate an answer at the earliest

  1. Extension shouldn’t be impacted by amendment petition’s decision. As the extension involves I-94 extension as well, you can continue to stay for up to 240 days past current I-94 date on the basis of that pending extension petition.

  2. Yes, you should be able to do that. Check w/ attorney.

Thanks for quick response. Please see the link: https://www.uscis.gov/news/alerts/uscis-draft-guidance-when-file-amended-h-1b-petition-after-simeio-solutions-decision . Please check the last point and advise .

ok. So your extension petition takes the amendment petition as reference and is applied for that. In other words, if amended petition was filed for location B, then your extension is also for location B.

In that case, amendment’s denial will impact the extension. If the extension was still for the old location, then it wouldn’t have been impacted.