Dhaval M. Posted October 6, 2023 Report Share Posted October 6, 2023 (edited) Hi , My 6 year max of H1B is running out in Nov, 2023. My employer has filed for my greencard, however it’s pending PERM approval. PERM was filed in Dec, 2022 hence I am not eligible for 1 year extension based on pending PERM approval from more than 1 year. To file for my H1B extension, I need PERM & I-140 approved. Due to current DOL processing times, it is possible that I might not receive I-140 approval before my H1B max out date of Nov, 2023. In order to stay in USA and avoid going back to India, my employer’s immigration team suggested that I consider filing change of status to H4 or B2 to bridge the gap of 20 days. Once we cross 1 year of PERM filing, my employer is planning to file for my H1B extension on grounds of 1 year PERM/I-140 pending and I can start working on H1B as soon as I receive H1B approval receipt. My question is: - If I file for change of status to H4 or B2 to extend my period of authorized stay till Dec 2023, do I need approval for H4 or B2 first before they approve my H1B ? - Once my employer files for H1B extension in Dec 2023, can I withdraw my H4 or B2 change of status application since I need H1B extension petition to override H4 or B2 ? Any advice is greatly appreciated. Thanks. Edited October 6, 2023 by Dhaval M. Quote Link to comment
Attorney_20 Posted October 23, 2023 Report Share Posted October 23, 2023 You don't need to wait for the H4/B2 to be approved to file the change of status back to H1B but you cannot resume work until the H4/B2 is approved, so you should not withdraw it. Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.