I got a RFE on I 140 (Premium Processing - EB2) on 8/18 and Attorney is yet give me the details on RFE.
My current H1 is expiring on 9/1 with no possible time capture as I have exhausted my stay here.
If I stay here at home for couple of weeks after 9/1 - till I140 approval comes in utilizing the 60 days grace period,
1) Will I be able to file H1 extension in couple of days after approval without Hardcopy of I140 approval?
2) Will I be able to come back to work based on H1 extension application itself? or I have to go for some consulate processing to join back the work?
If Yes, then I can keep the job and just take 3 weeks off may be.
If I travel back to India then I won't be able to come back for 4-5 month, based current H1 approval timings. I will basically loose the assignment I have now.
"...and attorney has yet to give me details." You ARE represented by an attorney. Please discuss these and other questions relating to your immigration status and your pending immigration filings with your immigration attorney. If you are not satisfied with your current representation then your need to consult with a different immigration attorney.
If you have an attorney assisting you, you should not feel the need to look up information online. You will find general information here, it will not be specific to your situation.
You should rely on your attorney's advice, unless you feel he or she is doing a bad job. In that case, you should retain another attorney for a consultation.
You seem to have realized the significance of exhausting your current H1b and the pending of your I-140. If you received 8/18/17 RFE, your attorney, if realizing the significance, should have caused your response to USCIS's RFE submitted by today's date. If you have a well prepared response package toward the RFE submitted in time, you would possible get your I-140 approved by 9/1/17 and then you do not have to worry about this.
Answers to your two questions:
1) As soon as your I-140 is approved, you may file for renewal of your H1b. If you do not have hard copy approval notice on I-140, please print out a computer printout from www.uscis.gov and submit this computer printout along with your H1b renewal package;
2) If you have chance to file your H1b renewal, it is not suggested that you leave the U.S. for India.
