h1b extension

[sunnytkl]

Hi,

 

I need some help.

I am on H1-B for 6 years-  H1b expires on 3/26/14. no time to recapture.

Perm was applied on june-17-13. If it gets audit, 365 days will complete only on june-17-2014.

What are my options?

1) Can i swith to b2 for 2 and half months stay in usa and then apply for h1b extension on june17 th?

2) can i go to india before 3/26 and apply for extension on june17th ? is it suggestable?

3) Can we apply for h1b extension  on 3/1/14  requesting with start date of 6/17/14 in permium?

 

Any help is appriciated.

 

[pontevecchio]

Option 2 will work if you leave a few weeks in reserve and leave in the first week of March.

[jairichi]

Hi,

 

I need some help.

I am on H1-B for 6 years-  H1b expires on 3/26/14. no time to recapture.

Perm was applied on june-17-13. If it gets audit, 365 days will complete only on june-17-2014.

What are my options?

1) Can i swith to b2 for 2 and half months stay in usa and then apply for h1b extension on june17 th?

2) can i go to india before 3/26 and apply for extension on june17th ? is it suggestable?

3) Can we apply for h1b extension  on 3/1/14  requesting with start date of 6/17/14 in permium?

 

Any help is appriciated.

Better for you is to leave the country a week or two before H1B expiry. Later based on PERM pending for more than 365 days employer can file for H1B extension and on approval you can enter US and start working for employer.

[sunnytkl]

Thank you,

is there any problem with option 1? if i choose option 2 will there be any problem in getting h1b and stamping (I am a consultant with a small employer)

If there is any possibility to apply for h1b with a future date, i want to do it while i am in US, thats why asking for option 3, is option 3 not a possible one?

 

If i Choose option 2, Can i do a remote working from india for the same employer/client?

 

Your suggestions would help me to take better decision.

[jairichi]

Thank you,

is there any problem with option 1? if i choose option 2 will there be any problem in getting h1b and stamping (I am a consultant with a small employer)

If there is any possibility to apply for h1b with a future date, i want to do it while i am in US, thats why asking for option 3, is option 3 not a possible one?

 

If i Choose option 2, Can i do a remote working from india for the same employer/client?

 

Your suggestions would help me to take better decision.

COS to B2 is the last resort if no other option works out. If you have all required documents in order then option 2 will not be a problem. If you plan to go with option 3, on what basis will your employer apply for extension as by that time the criteria for extension (PERM pending for more than 365 days does not exist)?

With option 2 you can work remotely for employer by being outside US.

[sunnytkl]

thanks for your quick reqply.

COS to B2 is last resort -> Can i apply for B2 to have a safe base if none of my options works? and if My employer agrees for remote working, then can i Leave the conuntry while B2 is pending?

Will this B2 cause any issues to my H1b which will be applied after June-17th?

[jairichi]

thanks for your quick reqply.

COS to B2 is last resort -> Can i apply for B2 to have a safe base if none of my options works? and if My employer agrees for remote working, then can i Leave the conuntry while B2 is pending?

Will this B2 cause any issues to my H1b which will be applied after June-17th?

I suggest you not to resort to the last resort at this time. Since your employer is giving you a good offer to work remotely just take it.

[sunnytkl]

Hi Sir,

My client not yet confirmed for remote work. chances are 50/50, If he dont agree? what is the best option i can take?  Sorry to ask many times. buts its critical for me..  Is there any issues in opting b2? my attorny suggesting b2, but need a second opinion.

[jairichi]

Hi Sir,

My client not yet confirmed for remote work. chances are 50/50, If he dont agree? what is the best option i can take?  Sorry to ask many times. buts its critical for me..  Is there any issues in opting b2? my attorny suggesting b2, but need a second opinion.

If you insist that you want to stay in US then COS B2 is an option. You cannot work on B2.

It will not be a problem if you exit US like the way Pontevecchio suggested (have some days or weeks to recapture) and enter US  on H1B extension petition approval based on PERM pending for more than 365 days.

[sunnytkl]

Thank you, I understand COS B2 is the least preferrable option.

Want a bit clarity on recapture time? Why should we have recapture time?when can i use this time?  after June-17th i can apply 1 year extension right? If i plan to travel on Mar-23rd it will have 3 days left, will that be enough?

[jairichi]

Thank you, I understand COS B2 is the least preferrable option.

Want a bit clarity on recapture time? Why should we have recapture time?when can i use this time?  after June-17th i can apply 1 year extension right? If i plan to travel on Mar-23rd it will have 3 days left, will that be enough?

It is suggested recently by attorneys to have some time to recapture when filing for H1B extensions based on GC processing. Have at least a week to two to recapture. Only after June 17th your employer can file for recapturing days + H1B extension based on PERM pending for more than 365 days.