H1 expiring soon, PERM not yet approved


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There is a person named A. Her story below:

A's h1b visa valid until Sep30th,2022. A's PERM filed on 01/15/2022, currently the PERM status is "Analyst Review".
A has no recapture time accrued so far. The attorneys are asking A to travel immediately to capture remaining time as much as possible, probably 1~2 months.

However. A does NOT want to travel now, as there are no visa interview appointments until May 2023 & she wants to return asap once she travel outside. (A has family to take care in USA.)

So thinking about the following scenario:

A do not travel. A stay in H1 and work until August 15th. If PERM is not approved by Aug 15th, A apply for H4 status (A's husband is on H1).
So, A apply for H4, (to be effective from Sep 1st) and stop working from Aug 31st. That saves one month of h1b 6years & does not max out.

Now, the possible cases are:
1. PERM is approved after H4 application – Apply for I-140 premium processing, Apply (H1 extension for 3year with premium processing+h4 withdrawal), no need to travel outside to reactivate H1B, since the last one month was left on A's h1b, as A has not maxed out.

2. PERM is approved after H4 application – Apply for I-140 premium processing, Apply H1 extension for 3year with premium processing, no need to travel outside to reactivate H1B, since the last one month was left on A's h1b & A has not maxed out. Apply for H4 withdrawal.

3. PERM is audited – wait until PERM is certified and then same as step1/2.

In all the 3 cases above, H1 will be approved sooner than H4, because H1 has premium processing.

Is that a workable scenario?

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17 hours ago, wisheme said:

There is a person named A. Her story below:

A's h1b visa valid until Sep30th,2022. A's PERM filed on 01/15/2022, currently the PERM status is "Analyst Review".
A has no recapture time accrued so far. The attorneys are asking A to travel immediately to capture remaining time as much as possible, probably 1~2 months.

However. A does NOT want to travel now, as there are no visa interview appointments until May 2023 & she wants to return asap once she travel outside. (A has family to take care in USA.)

So thinking about the following scenario:

A do not travel. A stay in H1 and work until August 15th. If PERM is not approved by Aug 15th, A apply for H4 status (A's husband is on H1).
So, A apply for H4, (to be effective from Sep 1st) and stop working from Aug 31st. That saves one month of h1b 6years & does not max out.

Now, the possible cases are:
1. PERM is approved after H4 application – Apply for I-140 premium processing, Apply (H1 extension for 3year with premium processing+h4 withdrawal), no need to travel outside to reactivate H1B, since the last one month was left on A's h1b, as A has not maxed out.

2. PERM is approved after H4 application – Apply for I-140 premium processing, Apply H1 extension for 3year with premium processing, no need to travel outside to reactivate H1B, since the last one month was left on A's h1b & A has not maxed out. Apply for H4 withdrawal.

3. PERM is audited – wait until PERM is certified and then same as step1/2.

In all the 3 cases above, H1 will be approved sooner than H4, because H1 has premium processing.

Is that a workable scenario?

Has A run the above suggestion with the attorneys?  What did they suggest?

When A applies for H4, the H4 approval / start date is determined by the USCIS.  This is a risky situation as one does not know in advance what H4 start date will be determined by the Govt.  

A can go to India/Canada/Mexico and come back on H4 visa and apply for H4-EAD. Now-a-days people are hiring agents to get early visa dates in India. 

Applying I-140 in premium processing is not recommended.

Good Luck.

 

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1. The person can create an account here (it is free) and ask questions herself; or

2) the person can schedule an appointment with an immigration lawyer.

Hypotheticals, in particular through intermediaries, don't help anybody.

Edited by JoeF
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