H1b amendment pending for response after rfe and need to apply extension

#1

Hello, I am in (EVC) July 2019 moved to new client,new location so my Employer filed Amendment in normal processing for new Client for which got rfe in November reason employer employee relationship, responded to rfe on Jan 30th with proper documents. Now my i94 is expiring on Feb 20th so need to file extension.
My questions are.

  1. Is it ok to file my extension in premium as Amendment is still pending.
  2. Is it safe to do extension in normal for now and once received the rfe response for Amendment then upgrade the extension in premium.
  3. If I do the extension in normal am I eligible for 240 day rule if file the petition before my i94 expires.
#2
  1. Yes, you can.
  2. Normal can be dragging it as you have two things in process…You may do that too…but, why wait, do it in first place to avoid all the issues. Discuss with attorney.
  3. yes, provided your stay until the day you filed was legal, meaning you were in lawful status. Discuss with attorney.
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#3

Thank you so much for your response. My employer filed for extension in PP last Thursday and today my amendment got approved after rfe response.
Will the extension also gets approved since the amendment got approved for the the same client.

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#4

It is very likely, if all of them are similar.

#5

Thank you. Yes all the documents are same, while sending the rfe response for amendment in January I have not received the SOW from client as they generally issue only in Feb, but now while filling the extension I got the updated SOW and sent.

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