H1B to B2 while waiting for PERM

[kamijskb]

Hello,

My PERM(Priority date June 2014) is pending and my H1B(i94) expires in a month. I am expecting an update on my PERM in another 1-2 months. Can I apply for a COS to B2 and continue staying in US. This is my 6th year and PERM was filed in 6th year.

 

Case1: PERM is approved. File i140 and then file H1B extension( COS from B2)

I have heard that H1B to B2 can take 2-3 months. Then do I have to wait till I  get the B2 approval before I can apply for a COS to H1B.

 

Case2: PERM goes into audit. In this case I would leave US with my COS application pending.Can I leave US without waiting for H1b to B2 approval. Would i be considered staying out of status as I would have lived beyond my i94 expiration date.

 

Please advise. Thank You.

[jairichi]

Yes, you can file COS to B2.

1. Approved PERM does not allow employer to file for extension. Only an approved I-140 can.

2. Yes, you can exit anytime.