Chandhseke07 Posted January 3, 2023 Report Share Posted January 3, 2023 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 Quote Link to comment
Chandhseke07 Posted January 3, 2023 Author Report Share Posted January 3, 2023 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. Quote Link to comment
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