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Simran Ji

H1B 6th year options if i-140 is still pending approval at maxout date

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I am in my 6th year of H1B with below end dates :

Maxout         : Aug  5, 2019
i94 Expiration : Aug 15, 2019

My PERM has been initiated (EB-2) on Apr 1, 2019 

1) : I am optimistic that my PERM and I-140 (Premium) will get approved before Aug 1, 2019 and extention for 7th year would be filed before i94 expiry, but in other scenario, if it doesn't happen what are my options?
(a) Can I file change of status to H4 (spouse working on H1-B) in last week of July w.e.f Aug 5, 2019 ?
(b) Can I travel to India in last week of July and get H4 stamped and then enter in USA on H4 visa.

2) : For option A, Can I file H4-EAD along with COS application, or I have to wait for COS to get approved first ?
3) : How long does it take for H1 to H4 COS to be approved ?
4) : Can I file it myself or my spouse's employer need to file it.

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1. That's too optimistic and unlikely.

a. You can file it this month and stop working after your H1 ends and wait for the COS to be approved which will take quite a few months.

b. Of course.

2. It will still take many months as the COS has to be approved first.

3. 6 months plus.

4. you can file it.


Return with an H4 visa in August and apply for the EAD.

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My PERM is approved (May 30th, 2019). Hopefully, i140 will be filed by the end of June in PREMIUM.

Is there a fair possibility now to get i140 approved as well as extension filed before Aug 15th ? (~2.5 months)



Simran Ji

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That was extremely quick to get the PERM approved in 2 months.

Don't see any issues with the time frame now. Plenty of time to file for I-140 and H1-B ext and get them approved ( in premium) before Aug 15. Only thing that could disrupt it would be a I-140 RFE, but a properly filed one shouldn't generate one.

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