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lalith.chinta

H1B extension after converting to H4 without leavingthe country.

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Hello,

I am on h1b which is expiring on Jan 24th 2014(including recapture). I have my PERM filed on March 26 2013, which was audited today. As I do not have 365 days between PERM filing and H1B expiry, I want to convert to H4 on my wife's H1B from Jan 25th and wait it out till March 26th.On march 26th will I be eligible for 1 Yr extension? Do I have to leave the country in Jan and save few days on H1B for extension/recapture in March or I can run through till Jan 24th(no saving h1b time) and still can file for extension using 365 days PERM pending rule?

Thanks for your time and help.

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Please Note: There was a change in USCIS interpretation after this article was published. To ensure eligibility for the one year extension based on the 365 day rule, you should not exhaust your full six years of H1B time. Leave at least one or two weeks to recapture, then ask for an additional year. If you would like to discuss this in more detail, please speak to one of our attorneys directly.

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HI

 

Company "A" filed my perm in December- 2012 and unfortunately received an Audit on my PERM. 
I have completed my 6 years of H1 in June 2013 ( saved a one week time on H1-B to recapture in future) 
Since my PERM has been filed during the 6th year of my H1-B, I was not eligible for 1 year extension. 
From June 2013 I am not working and staying in US on H-4 visa ( my wife has H1-B). 
My company replied for the Audit and I am still waiting for the response from DOL. 

By December 2013 it will be one year since my PERM was filed( it was filed on december 2012), so from December 2013 I am eligible for 1 year extension. 
And here is my question now: 
Apart from the company "A" who filed my PERM, can any other company file my one year extension??? 
Or is it only the Company "A" eligible for filing the one year extension. 

Did anyone come across such a situation or heard of such a situation?? 
Please respond and give your inputs if you know solution to my question. 

Thanks in Advance!! 

KumarKR

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Please Note: There was a change in USCIS interpretation after this article was published. To ensure eligibility for the one year extension based on the 365 day rule, you should not exhaust your full six years of H1B time. Leave at least one or two weeks to recapture, then ask for an additional year. If you would like to discuss this in more detail, please speak to one of our attorneys directly.

 

Thanks for the reply.

As I am in the US right now, can I apply for an extension now for validity starting from March 26th(PERM Pending 365 days)? After the approval, I leave the country and come back on March 26th. Is this possible at all? or do I have to mandatorily leave the country and come back on H4 and then file for an extension?

Thanks for your help.

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Please Note: There was a change in USCIS interpretation after this article was published. To ensure eligibility for the one year extension based on the 365 day rule, you should not exhaust your full six years of H1B time. Leave at least one or two weeks to recapture, then ask for an additional year. If you would like to discuss this in more detail, please speak to one of our attorneys directly.

Hi Sir,

 

I have similar case and I had only two days left on my H1 before converting to H4. This mean after 365 days of pending PERM I should not file one year H1 but wait for PERM and later I-140 to approve (if my employer agree) to be on safe side.

 

One additional question: can my employer file I-140 after 365 days even when PERM is pending.

 

Regards

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