Need Help. H1B maxout, PERM applied

[Abhay gagan]

Hi All. 

My H1B transfer and extension is applied on  November 18 2019 and 6 year max out is till  march 10 2020 including all my vacation time.
The PERM is applied on December 05 2019 and it is still in Review process, as per attorney PERM approval takes 3 months. Now the chances of getting PERM, an I-140 approval and H1-B extension for 7th year, before my max out date is doubtful. 

based on the current scenario I have the following questions.

1) I’m planning to apply for H1-B to B2 COS with B2 start date as 03/11/2020. This would allow us to stay in the country and not jeopardize our Son's education - Can I go for this option?

2) When I-140 gets approved while COS to B2 is pending with USCIS, can I file B2 -> H1-B COS, 7th year extension and B2 application withdrawal  OR B2 -> H1-B COS application would only be filed after H1-B -> B2 application is decisioned/adjusted? 

3) Can I re-join employment once B2-> H1-B COS application receipt is generated OR do I have to wait until COS gets approved?

4) Per my understanding, although it’s legal to go from H1-B -> B2-> H1-B, would there be significant risks associated with this resulting in immigration limbo OR is it safe enough to proceed? 

5) Can I apply B2 by myself or is it better to apply with the help of attorney?

6) How much should be the bank balance?

7) Is it necessary to show the invite letter as we are already staying here?

Or Suggest any other options to stay back. 
 

[User099]

Its better to talk to an attorney with all these questions.

[shekar11#]

On 2/3/2020 at 2:23 PM, Abhay gagan said:

Hi All. 

My H1B transfer and extension is applied on  November 18 2019 and 6 year max out is till  march 10 2020 including all my vacation time.
The PERM is applied on December 05 2019 and it is still in Review process, as per attorney PERM approval takes 3 months. Now the chances of getting PERM, an I-140 approval and H1-B extension for 7th year, before my max out date is doubtful. 

based on the current scenario I have the following questions.

1) I’m planning to apply for H1-B to B2 COS with B2 start date as 03/11/2020. This would allow us to stay in the country and not jeopardize our Son's education - Can I go for this option?

2) When I-140 gets approved while COS to B2 is pending with USCIS, can I file B2 -> H1-B COS, 7th year extension and B2 application withdrawal  OR B2 -> H1-B COS application would only be filed after H1-B -> B2 application is decisioned/adjusted? 

3) Can I re-join employment once B2-> H1-B COS application receipt is generated OR do I have to wait until COS gets approved?

4) Per my understanding, although it’s legal to go from H1-B -> B2-> H1-B, would there be significant risks associated with this resulting in immigration limbo OR is it safe enough to proceed? 

5) Can I apply B2 by myself or is it better to apply with the help of attorney?

6) How much should be the bank balance?

7) Is it necessary to show the invite letter as we are already staying here?

Or Suggest any other options to stay back. 
 

1. You can check with your employer attorney.

2. I am not sure you can file COS from B-2 to H-1 while your case is pending after March 10th because you will not have a valid I-94 at that point.

3. Your H-1 needs to be approved. You cannot just join on receipt number.

4. Again you need to talk to attorney.

5. Take help of an attorney.

6. Need to show sufficient amount at least to survive 6 months.

7. Not needed.

 

Edited February 4, 2020 by shekar11#

[adshah84]

I would suggest to go for one month vacation to India and once your PERM is approved file extension in premium, get VISA stamped and come back. After PERM approval you can get 1 year extension beyond 6 years. 

[User099]

On 2/4/2020 at 6:22 PM, adshah84 said:

I would suggest to go for one month vacation to India and once your PERM is approved file extension in premium, get VISA stamped and come back. After PERM approval you can get 1 year extension beyond 6 years. 

This will not work as PERM has to be filed 365 days or prior to use it for extension.  That will impact his son's education.