Six years completed, change to H4. Can I apply for a new H1B?

[Factor123]

Hi,

I am currently in my 6th year of H1B, my H1b is set to expire end of october (Oct 31st). My PERM is currently in audit, and Priority date is March 2nd, 2014.

 

H1B expiry: Oct 31st, 2014

Priority date: Mar 2nd, 2014

I am converting to H4 under my wife from Nov 1st, 2014. 

I will be applying for a H1b extension of 1 year using the 365 day rule, where after 365 days after my priority date I can apply for a 1 year extension as my immigration process is still pending. With this I should be able to start working again on Mar 2nd, 2015.

 

 

I am trying to understand what other options I have?

 

1) when can i start applying for a new H1b (without leaving the country for a year)?

2) Can I switch to a different employer? if so when?

 

Kindly share any feedback.

 

Regards.

[JoeF]

For a new H1, you have to be OUT OF THE US for at least a year, and then a new H1 can be filed under the quota.

Simply changing to some other status does NOT and has NEVER reset the H1 time.

[Factor123]

Agree.

any ideas on ability to change employer after moving to H4 after 6 years and PERM is in audit stage?

[tanishkaa]

You need to wait until your PERM and I-140 gets approved and then you will be able to file H1 extension based on I-140 approved.

[Factor123]

I found out that "a H1B extension can be applied if the PERM application is pending for more than 365 days", so a year from your priority date, even if your perm or i140 is still pending you can apply for a H1b extension of 1 year.