Bridging the gap between H1B expiry and I-140 approval

[Skylight]

Situation:

- My 6 years on H1B expire on Mar 31, 2014.

- I have some time to recapture which will get me to Sep 5, 2014.

- My company is working on my GC and I expect them to be able to file my PERM LC on Mar 4, 2014.

- Given that PERM is taking about 8 months these days, my PERM will not get approved (if no audit) earlier than Nov 4, 2014.

- Then, premium I-140 will take another 2 weeks.

- So, if everything goes by this schedule my I-140 will by approved by Nov 18,2014 but my H1B will have expired on Sep 5, 2014.

 

Question:

Whats the best way to handle the gap between Sep 5, 2014 and Nov 18,2014? Can I still stay in the U.S. if I change my status to be on a H4 visa (dependent of my husband who has his own H1B)? And if so, then can I start working again after my employer files for H1B extension in late Nov, 2014 without having to leave the country?

 

Any guidance will be appreciated. Thank you.

[jairichi]

Situation:

- My 6 years on H1B expire on Mar 31, 2014.

- I have some time to recapture which will get me to Sep 5, 2014.

- My company is working on my GC and I expect them to be able to file my PERM LC on Mar 4, 2014.

- Given that PERM is taking about 8 months these days, my PERM will not get approved (if no audit) earlier than Nov 4, 2014.

- Then, premium I-140 will take another 2 weeks.

- So, if everything goes by this schedule my I-140 will by approved by Nov 18,2014 but my H1B will have expired on Sep 5, 2014.

 

Question:

Whats the best way to handle the gap between Sep 5, 2014 and Nov 18,2014? Can I still stay in the U.S. if I change my status to be on a H4 visa (dependent of my husband who has his own H1B)? And if so, then can I start working again after my employer files for H1B extension in late Nov, 2014 without having to leave the country?

 

Any guidance will be appreciated. Thank you.

Move to H4 status a couple of weeks to a month before recapture time. Later based on PERM approval or PERM pending for more than 365 days your employer could file for H1B extension.

[Skylight]

Thanks jairichi. 

 

Just trying to understand your answer better ... are you proposing moving to H4 status by Aug 5, 2014 or by Feb 28, 2014? 

[jairichi]

Thanks jairichi. 

 

Just trying to understand your answer better ... are you proposing moving to H4 status by Aug 5, 2014 or by Feb 28, 2014? 

Move anytime you want as you need only some days or weeks as recapture time to apply for H1B extension based on PERM pending for more than 365 days or approved PERM or approved I-140.