6 years of H1B expiring soon-Possible outcomes..ideas/suggestions


legalissu

Recommended Posts

Below is my situation right now. I have many questions in mind to take decision. I wrote some possible scenarios.  
My H1B is going to expire on first week of May 2019. I am planning to do extension for recapture time that was spent outside the US during 6 years on April 2019. The extension will be up to September 2019.
Since there is a hold on premium procession for transfers/extension right now, my questions are
1.    What would happen if the case is still pending, up until September 2019?
2.    Is there any possibility that the premium procession hold will be lifted any time soon?
3.    If I get my PERM and I140 approval before the H1B extension, would I still be able to work and live in the US or I’ve to leave the country in September 2019?
4.    My employer will file PERM on March 2019. So this gives me approximately 6-7 months to get the PERM and I140 approved (premium processing). what if 
my H1B extension and PERM stays pending till September 2019. Would I be able to work and stay in the US past September 2019?
5.  Would I be able to transfer to F1 or B1 visa and then back to H1 after it is approved or when I request a visa transfer, H1 will automatically get voided?
6.    Can I file for COS when the H1B application is pending?
7.     If I apply for COS from H1 to F1 now and it stays pending and I get I140 approved, would I be able to get back on H1B based on I140 to start working?

I greatly appreciate your time for answering my queries. 

Link to comment

1. Then you have to leave.

2. I suspect not. They have already resumed PP for FY 2019 petitions.

3. PERM Approval gives you nothing. I-140 approval gives you extensions. It is unlikely you will get an approved i-140 in the time frames mentioned.

4. Most unlikely 

5. In the current scenario, that would be deemed a frivolous application.

6.

7. Once you have an approved I-140, extensions are possible. You cannot get in to a F1 program so fast

Link to comment

Archived

This topic is now archived and is closed to further replies.