H1B Expiring - What Next???

[perm4me]

Hi All,

 

I would like to seek some inputs regarding my Case.

 

I am currently working in USA (for the last 4.5+ years) on H1-B, with an American MNC. Still got approximately 1.5 years left on my H1-B (Max-Out till December 2017). I am in the process of having my Employer initiate my Green Card process. They have agreed to get that initiated; though not confirmed on any timeline. I will not qualify for EB1; hence expecting it to be in EB2 (as I have Masters in Engineering and 9+ years of IT experience). They have confirmed that they will get my GC filed and hold me up that I would be safe, as per 365 days rule (expecting that they would file by this Dec). I believe below are my possible options:

 

1. If my PERM is approved before my Max-Out (Dec 2017), I can renew my H1-B for 1 year and continue in USA.

2. If my PERM and I-140 are approved before my Max-Out (Dec 2017), I can renew my H1-B for 3 years and continue in USA.

3. If for some reason, I end up in an Audit or any delays and my PERM doesn't get approved, I need to leave USA and get back here, once things are sorted out. I have certain questions over here.

A. I can leave USA a bit early before my Max-Out, to hold some months on my current H1B and get back here once my I-140 gets approved with the same H1-B. Am I correct?

B. Even if I happen to leave USA, can the PERM & I-140 processes still continue on the background (considering my Employer doesn't withdraw the case)? Meaning will the DOL/USCIS require the Employee to be in USA, when these PERM and I-140 processes happen?

C. If I happen to get a Canadian Work Permit initiated by my Employer, will that have any negative impact on my current H1B and GC Process? If at all, I leave USA I am planning to work from Canada (with a Canada Work Permit) and get back to USA once I-140 gets approved. Does this sound ok?

D. What are my other options here?

 

Please note that I do not want to join any other Company/Consultancy for getting GC. Hence, I am ruling out that option.

 

Thanks in advance for all your responses.

[pontevecchio]

1. Approved PERM by itself does not help. PP of the I-140 could be possible after PERM approval if your circumstances qualify.

2. I-140 approval gives you 3 year extensions. PERM or I-140 pending 365 days gives you one year extensions.

 

3A. Broadly, yes.

 

3b. Yes

 

3c No impact

[rahul412]

For H1 approval beyond 6 yrs, you need to have either i140 approval or pending PERM for more than 365 days. If not you have to leave US or file COS to dependent status.