Hello! Thank you for using Just Answer. I'm happy to answer your immigration questions, and will do my best to do so based on my expertise. Please note that while you are working with me, I also will be working with several other customers, so you may experience delays. Your questions WILL be answered in the order they are received; therefore, please be patient as we work through your questions.
QUESTION: What are my options to remain in status?
ANSWER: Unfortunately, you already are out of status, when your H1B status expired. Yes, you filed the I-140 and the I-485 prior to the end of your H1B status, but you are not in any valid status now. You are in what is called authorized stay, where you are authorized stay until a final decision is made on your petition and application.
So the only option at this point is to await the answer of the appeal. You cannot change your status to any other status, since your previous status has already expired.
Note that you cannot get any extension past 6 years on the H1B, unless you have a PERM pending for 365 days or more, or you have an approved I-140. So you are not eligible for an extension of the H1B past the 6th year. Furthermore, even if you were, you've already fallen out of status and therefore you have no status from which to extend.
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