H1 to H4 and H4 to H1 while I140 is pending


ashwinkhai

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Hi,

My 6th year in H1b is ending by Oct 3 2014. My PERM is approved and is in process of filing I140 in Premium. With just 3 weeks it could be difficult to get I140 and H1b Extension for the 7th year. Could you please clarify below queries? My PERM was not applied 365 days in advance so I have to get I140 approved for 7th year H1B Extension.

1. Do I need to get my 7th year H1B Approved before October 3 2014 to continue by stay in US? Or is a receipt notice of H1B Petition enough to continue by stay in US?

2. In case I140 is not approved in time, I am opting to move to H4 as spouse is in H1. When should I file by COS to H4? If I file by COS to H4, it takes time to get it approved correct? So can my company apply for H1B Extension as well when by COS to H4 is pending? In that case I will have a H4 petition and a H1 petition pending. Please help clarify on how to procced.

Thanks,

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1. Not required. You H1b extension should reach USCIS on or before Oct 3rd 2014. You could continue working for your H1b employer for 240 days after expiry of I-94 (which I assume is Oct 3rd 2014).

2. Not required. You are just paranoid I guess. Relax.

 

Let me tell you my case. My PERM was approved just 1 month before my H1b expiry. My employer and lawyer filed it in premium. Got RFE. Submitted evidence. Didn't accept. Submitted additional evidence after few days. I-140 approved just a week before H1b expiry. Didn't receive I-140 approval copy until 2 days before H1b expiry. Meanwhile lawyer confidently told me that your I-140 had been approved, we will request 3 years of extension. Changed all H1b applications / employer letters etc. within 24 hours. Sent package a day before. Package reached USCIS on the day of H1 expiry. And I got H1b approved for 3 years with no RFE. 

 

So everything is possible if employer and lawyer team up to take care of you. 

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