H1-B Expiring

[arose]

My 6th year of H1-B is expiring in Feb 2020 and my PERM is currently being processed. I don't have much recapture time for my H1-B extension. I am afraid that if I loose my job before February and if I am able find another company that is interested to hire me, under what visa category can they do that? Has anyone faced such kind of situation ? Is the only option to leave the country ?

[User099]

Unless you switch to an F-1 or other visa category, your H1 will not be extended beyond 6th year. Best thing will be to talk to an attorney to do a full review of all your options. Your education background, marriage and past visa status will play a role and I don't want to ask all those in a public forum.

[NotAnAttorney]

There is a very good chance that you will be able fiel for 7th year extension( based on approved 1-140 ) before Feb 2020.

It will be an end game if you loose your job before Feb 2020. There won't be enough time for any company to file for your PERM/140, so no body would hire.

 

[gopalakrishnach]

As far as I know while being in USA in H1B category you cannot convert to B1/B2. You can convert to H4 to live in USA and H4 EAD to work in USA when your H1B is gone.

[JoeF]

19 hours ago, gopalakrishnach said:

As far as I know while being in USA in H1B category you cannot convert to B1/B2. You can convert to H4 to live in USA and H4 EAD to work in USA when your H1B is gone.

A COS to B2 is of course possible. But the B2 doesn't allow immigration intent, so it would be out of the question once an I-140 is filed. The question on the form is "has an immigrant petition ever been filed for you?" I-130 and I-140 are immigrant petitions. PERM is not, so it is still ok to file a COS to B2 with just PERM pending.

Of course, it is not possible to work with a B2.

[gopalakrishnach]

On 11/19/2019 at 10:36 AM, JoeF said:

A COS to B2 is of course possible. But the B2 doesn't allow immigration intent, so it would be out of the question once an I-140 is filed. The question on the form is "has an immigrant petition ever been filed for you?" I-130 and I-140 are immigrant petitions. PERM is not, so it is still ok to file a COS to B2 with just PERM pending.

Of course, it is not possible to work with a B2.

Thanks for correcting me...