After 6 years of H1B without PERM filed


pbodavula

Recommended Posts

Hi,

My huband's H1B 6 years term is going to be ended by 12/12/12. His employer says that time is too short now to apply for his PERM. I have my valid H1B to support him if required.

I have below questions,

1. If employer files his PERM now and if it is approved even after 12/12/12, Can we apply for my

husband's H1B extension later and continue his job? Does this H1B extension require his I-140 approval after PERM is approved?

2. Is it legal to apply PERM through new employer now and transfer H1B to that new employer after PERM is approved?

3. If he changes his status to student (F1 visa) and get EAB (through CPT program in college), Can he legally continue his job using EAD?

Please help me understand above.

Thanks

Padmaja

Link to comment

Forget CPT. Cut that acronym out of your vocabulary,

No real university will give CPT to somebody just signing up.

CPT is dead. Forget it.

An F1 is for studying, not for working.

Do not try to abuse the F1. It would kill his career, and could result in lots of problems, up to deportation. Have you not heard of TVU and ****???

Link to comment
  • 1 month later...

I have to agree with JoeF. People use all possible ways for a stay in United States. If a stay in US is so critical, should have acted well in advance to position your stay in this country. You need to understand that PERM processing takes atleast 4 to 6 months time to get it approved, this is on top of the 60 to 90 days time (where your husband's employer need to put out the ad in job posting sites, vet through the resumes and apply for labor). So, technically you need a solid time of 7 to 9 months time for labor to get approved - assuming all goes well. I have also heard that there is a lot of audit to PERM applications which can add up to the above stats.

I don't think changing employers can benefit your case. Infact it can make it more complex (exclude shady consultants who does anything and everything. They are so good at it in exploring the loop-holes of law rather than using the mind for a good cause). I would never advice an F1, when the whole intention is not to study but to stay in this country and work (earning $$$$$ and be so proud about). Please educate yourself when it comes to US Immigration and act in the best interest of yourself, your family and to the welfare of all people.

My sincere advice to you is to complete the remaining term on H1, spend a year outside the country, apply for a new H1 and comeback.

Link to comment

And another one of these fraudulent non-accredited "universities" that offered CPT to about anybody who could breath got raided last week.

CPT clearly is a sure way to get into lot of trouble up to deportation.

People really need to cut that acronym out of their vocabulary, and if somebody suggests it run away as fast as they can.

Link to comment
  • 1 month later...

@pobdavula: As you are telling that you have a valid H1B, it is always better for your husband to change to H4 after his H1B period completion rather than going to F1 in an impression that to get CPT which is not safe in current ICE acts where it causes upto deportation. He can come back to H1B after PERM and I-140 approvals without any hassle.

Link to comment

@pobdavula: As you are telling that you have a valid H1B, it is always better for your husband to change to H4 after his H1B period completion rather than going to F1 in an impression that to get CPT which is not safe in current ICE acts where it causes upto deportation. He can come back to H1B after PERM and I-140 approvals without any hassle.

Link to comment

Archived

This topic is now archived and is closed to further replies.