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PRR1781

H1b 6th year expiring by Sept end and PERM application filing May beginning

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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?

 

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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.

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1. You will be super lucky if this happens.

2. You can stay on H4 and move back to H1 once I140 is approved. 

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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

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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?

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