Advice needed - to file or not to file?

[luckydog]

I have an interesting situation - my LC has been approved,
but my H1B extension is still pending (for 3.5 months now).
So I have a dilemma - to file I140 and all other stuff now
or wait for H1 approval first. To file I140 I need to send
copies of I94 and I-797, but my current ones are all expired.
I believe I can send a receipt for I129 as confirmation of my
current status, but I'm afraid they will probably send an RFE
later to get an approval confirmation.

So each way has it's advantages and disadvantages - if I will
file now my RD will be earlier by there are more chances to
get an RFE. On the other side I don't know how long will it
take to get H1B approval, they say it takes 60-120 days and
mine is about 110 days old now.

Did anybody here have a similar situation?

By the way, how long does it take to get RFE
answered/processed on average?

 

[arora_va]

I was in a similar situation. My Lawyer recomended waiting for the H1-B approval. Which I think is the correct and conservative approach. Why not move your H1-B app to premium processing?
It takes about 15 business days to get a decision (if there is no RFE). Not to mention the $1000 dollar premium processing fee.