Looking for suggestions about my current situation


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I need your guidance on my current situation to get H1B extension. Thank you in advance for time. Here is my situation

I came to US on F1, on 12/30/2012 and stayed on F1 visa until 10/30/2014
I changed status to H1B on 11/01/2014 and stayed in h1b until 11/26/2020 (Number of days out of country for any reason in this period is 25 days)
My wife came to US on H4 vis on 02/26/2017 and stayed in h1b until 11/26/2020
My wife applied for F1 visa on 11/27/2020 (application pending) expected to be valid until 11/26/2021 and I applied as her dependent (f2 visa)

I have found a company who wants to hire me and sponsor my green card. The company is in process of applying for PERM labor and I-140, while I am on F2 visa.
Once my 140 is approved, they will apply for H1b, based on approved 140, since my six years are over. This is expected to be before my F2 visa is over.
I plan to start working for the new company on H1B after I140 is approved, and H1B based on that is approved.

I wanted to get your feedback 
-    on any risk, or issues you see in the entire process
-     would I need to leave USA to come back to H1B from F2 visa?

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On 1/22/2021 at 2:40 PM, Rohit Bhatia said:

-    on any risk, or issues you see in the entire process

Assumptions...

- your wife's F-1 need to get approved first, then you can get dependent ( be careful and screen illegitimated schools)

 

On 1/22/2021 at 2:40 PM, Rohit Bhatia said:

would I need to leave USA to come back to H1B from F2 visa?

This would depend on how your employer files petition, consular notification or COS. 

 

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