Perm Denial on 7th Year, new PERM filed only a week back. I94 expiring in Feb 2024. Should I go for H1B extension ? or convert to H4 or F1

[Sanaraj]

Entered US in 12/2016.

H1B - 02/2023 (Max out capturing all the exits)

Perm filed in 11/2021,  Perm got audited in 06/2022 . Perm audit response filed in 06/2022

7th Year H1B extension based on PERM status was filed in 02/2023 and H1B extension got approved until 02/2024 Later when we were about to file for 8th Year extension, I got to know from my employer attorney that my perm got denied and I was informed end of 09/2023 Due to the long delay for the audit response, My employer started a new PERM process for me in 2023, they filed a new Perm application in 12/2023. I am primarily concerned about my 8th year extension, what are my options to maintain legal status.

My employer attorney told us we can still go for an 8th year extension and they will submit all the necessary documents to clarify the denial was due to system error as they have all the evidence to prove that. I want to maintain legal status and also as I have family dependency here, I might not be able to exit immediately if the extension gets denied. Here are a few options I am thinking of and need clarification and the best possible solution to maintain legal status.

1. Can I still go for an 8th extension based on my employer attorney's suggestion though my old PERM is denied?

2. If I go for regular processing of H1 extension, Is it legal to continue work as my I94 expires on 02/2024, how long can I still continue to work?

3. If I try premium processing/regular processing and in the worst case if the extension is denied, can I convert to H4 immediately as my wife is on H1B visa?

4. Based on i94 expiry, when is the earliest I need to apply H4 if I have to legally continue to stay here in US

[Attorney_22]

20 hours ago, Sanaraj said:

Entered US in 12/2016.

H1B - 02/2023 (Max out capturing all the exits)

Perm filed in 11/2021,  Perm got audited in 06/2022 . Perm audit response filed in 06/2022

7th Year H1B extension based on PERM status was filed in 02/2023 and H1B extension got approved until 02/2024 Later when we were about to file for 8th Year extension, I got to know from my employer attorney that my perm got denied and I was informed end of 09/2023 Due to the long delay for the audit response, My employer started a new PERM process for me in 2023, they filed a new Perm application in 12/2023. I am primarily concerned about my 8th year extension, what are my options to maintain legal status.

My employer attorney told us we can still go for an 8th year extension and they will submit all the necessary documents to clarify the denial was due to system error as they have all the evidence to prove that. I want to maintain legal status and also as I have family dependency here, I might not be able to exit immediately if the extension gets denied. Here are a few options I am thinking of and need clarification and the best possible solution to maintain legal status.

1. Can I still go for an 8th extension based on my employer attorney's suggestion though my old PERM is denied?

2. If I go for regular processing of H1 extension, Is it legal to continue work as my I94 expires on 02/2024, how long can I still continue to work?

3. If I try premium processing/regular processing and in the worst case if the extension is denied, can I convert to H4 immediately as my wife is on H1B visa?

4. Based on i94 expiry, when is the earliest I need to apply H4 if I have to legally continue to stay here in US

You have a complicated situation and it is not in your best interest to seek this kind of nuanced answer in the forum. If you are looking for a second opinion from an immigration attorney I highly recommend speaking with an immigration attorney directly. I can say however, that unless a Request for Reconsideration/Review was filed on the denied PERM, then it is unlikely USCIS will grant another H1B extension based on the 365 day rule.  

[Surya246]

What happened to your case? Did you apply for 8th year extension?