PERM in-progress, currently on Recapture Days


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Greetings! 

My PERM was applied (Priority Date) on Aug 2022, and my H1B visa expired as of Nov 2022. I am currently staying in US on my recapture days that is valid until March 15, 2023. I am looking for few options if I do not get PERM approvals in-time. 

a. I am working for an American Firm as a Full Time Employee. If my H1B goes out of status (after consuming all the recapture days on/after March 15th) I will be in Loss of Pay and have to travel to India until I get my PERM approvals, I140/H1B extension approvals before I enter back into US. My question is, as soon as I get my PERM approvals and i140 process is started can my employer run my payroll while I am in India? Meaning, Can I start working from India and my employer runs payroll until I receive my i140 and H1B extension approved. 

b. Is it an option to switch to F1 status to continue to stay in US? 

c. If I switch to F1 status, will my H1B/PERM application be impacted? 

d. Once my PERM application is approved, i140 is applied, can I switch back to H1B status? 

Please let me know if there are any

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Just now, Chandhseke07 said:

Greetings! 

My PERM was applied (Priority Date) on Aug 2022, and my H1B visa expired as of Nov 2022. I am currently staying in US on my recapture days that is valid until March 15, 2023. I am looking for few options if I do not get PERM approvals in-time. 

a. I am working for an American Firm as a Full Time Employee. If my H1B goes out of status (after consuming all the recapture days on/after March 15th) I will be in Loss of Pay and have to travel to India until I get my PERM approvals, I140/H1B extension approvals before I enter back into US. My question is, as soon as I get my PERM approvals and i140 process is started can my employer run my payroll while I am in India? Meaning, Can I start working from India and my employer runs payroll until I receive my i140 and H1B extension approved. 

b. Is it an option to switch to F1 status to continue to stay in US? 

c. If I switch to F1 status, will my H1B/PERM application be impacted? 

d. Once my PERM application is approved, i140 is applied, can I switch back to H1B status? 

Please let me know if there are any other options available. I am hoping to get PERM approved on time, and also working on planning B to keep my employment active as well. 

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