PRR1781 Posted March 30, 2020 Report Share Posted March 30, 2020 My H1b 6th year is expiring by Sept end and legal team is planning to file the PERM application May starting. With PERM application processing timelines and suspended I-140 premium, I am NOT confident that I-140 will be approved by Sept end. 1) Are there any chances that I-140 will be approved by end of Sept? 2) My spouse is on H1b but no I-140 yet. What are the options I have if I want to stay back in US after end of my 6th year like just on H4 without EAD? Quote Link to comment
Mav777 Posted March 30, 2020 Report Share Posted March 30, 2020 If i-140 premium isn’t started back up, you won’t meet the Sep 2020 deadline. Regular i140 processing I think takes 4-5 months by itself. Also, if your PERM is picked up in an audit then you are looking at even longer wait times. COS to a H4 will also take 5-6 months. I suppose that’s doable if you are looking to just stay in the country on a pending status. Quote Link to comment
User099 Posted April 1, 2020 Report Share Posted April 1, 2020 1. You will be super lucky if this happens. 2. You can stay on H4 and move back to H1 once I140 is approved. Quote Link to comment
PrasadKintali Posted April 10, 2020 Report Share Posted April 10, 2020 Due to the pandemic situation, all processing dates are jumped high. As per https://icert.doleta.gov/, Nov'2019 PERM applications are under processing. So it will take more than 5 months if they apply now and noway yours will be approved before September if you employer start in May. So you may consider the below choice after September.... Move to H4 after September and apply for 1 year H1 extension based on PERM approval Move to H4 and apply for 3 year extension after I-140 approval Quote Link to comment
PRR1781 Posted April 13, 2020 Author Report Share Posted April 13, 2020 On 4/10/2020 at 3:26 PM, PrasadKintali said: Due to the pandemic situation, all processing dates are jumped high. As per https://icert.doleta.gov/, Nov'2019 PERM applications are under processing. So it will take more than 5 months if they apply now and noway yours will be approved before September if you employer start in May. So you may consider the below choice after September.... Move to H4 after September and apply for 1 year H1 extension based on PERM approval Move to H4 and apply for 3 year extension after I-140 approval Thank you for the response. Can I apply for H4 on Oct 1st and still stay in the country as my I94 is expiring on Oct 10th or should I apply ahead? Quote Link to comment
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