I found some info which can be useful from http://www.murthy.com/news/UDh121st.html
H1B Extensions Approvable until the LC or I-140 is Finally Denied
The Yates Memo requires the BCIS to approve the H1B one-year incremental extensions until a final decision is made to deny the labor certification or I-140 petition or to grant or deny the foreign national's application for an immigrant visa or adjustment of status. If a labor certification is denied, an appeal may be filed within 35 days of the decision. The Yates Memo provides that a decision that has been appealed will not be considered by the BCIS to be a final decision until a decision is issued on the appeal. Accordingly, a labor certification denial that has been appealed does not sever the H1B status holder's ability to obtain a one-year incremental extension of H1B status. This indeed is a favorable interpretation of the law since it would enable the H1B employee to keep extending H1B status while the appeal is pending.
This might give some hope that its possible to extend the H1-B while the I-140 is under appeal.
Hope it proves useful to everyone who are sailing in the same boat as me !!
H1B Extensions Approvable until the LC or I-140 is Finally Denied
The Yates Memo requires the BCIS to approve the H1B one-year incremental extensions until a final decision is made to deny the labor certification or I-140 petition or to grant or deny the foreign national's application for an immigrant visa or adjustment of status. If a labor certification is denied, an appeal may be filed within 35 days of the decision. The Yates Memo provides that a decision that has been appealed will not be considered by the BCIS to be a final decision until a decision is issued on the appeal. Accordingly, a labor certification denial that has been appealed does not sever the H1B status holder's ability to obtain a one-year incremental extension of H1B status. This indeed is a favorable interpretation of the law since it would enable the H1B employee to keep extending H1B status while the appeal is pending.
This might give some hope that its possible to extend the H1-B while the I-140 is under appeal.
Hope it proves useful to everyone who are sailing in the same boat as me !!