Waiting on PERM and H1 6th year ending soon

[prat01]

Hello,

I need your advice on my H1B situation. My H1-B 6^th year (including the time spent outside of US) is ending on 20 July 2018 and my PERM application was applied in Feb 2018. Currently, the PERM processing dates are in Jan and I am not sure if my application will be approved sooner. If my PERM application is approved sooner ( at least by the end of June last week), my employer is ready to file I-140 in premium processing and then H1b extension in premium. But all this is dependent on timely approval of my PERM application. In case, if this doesn't happen, what are my best available options: 

 

1 – Is my assumption correct in the above scenario (where PERM is approved by the end of June and I-140 will be filed in PP and then H1b ext in premium)? Is there any time lag between H1b ext and 140 approval?  

 

2 –  My husband’s I-140 is approved. If I apply for H4 (with H4 EAD) now, after July 20, do I need to leave the country as my H1b (I-94) expires? Or, can I stay in US while I wait for H4 approval? If I don't need to leave the country, will I be able to apply for H1 extension once 140 is approved? Or, will I be subjected CAP quota? 

 

3 – Are there any other options? 

 

Thank you in advance! 

[pontevecchio]

2. No. You can stay. Once the I-140 is approved your H1 will not be cap subject.

[Ken7]

1) No time lag, once I-140 is approved you can apply for the H1-B extension immediately. Your assumptions are correct, however it depends on everything happening smoothly with no PERM audit/RFE or I-140 RFE.