PERM Denied H1b extension option- URGENT

[srivatslib]

Hi

My present H1b is valid until end of June (including recapture) and my PERM that was not filed 365 days before expiry(was filed in oct 2011) got denied today. My wife is working on H1.At this point what are my options to get my h1 extension or legal stay after june ?

Please advise.

[kalyan_ac]

Convert H4 is the best option.You can convert to F1 from August.

[srivatslib]

Hi ,

Thanks for the reply.Any reason why F1 from August?

[kalyan_ac]

Because admissions on F1 only happen in Jan,May and August and May is already gone.

[srivatslib]

Thanks again.

Who should file the H1 to H4 conversion.Will it be my employer or my spouse's employer or individual?

Also when should it be filed? say my 6th year expires on June 30th. Is it fine for me to file for COS by June 20th requesting for it my H4 to start from July 1st?

And if the COS gets approved later with some other date in July , will the period after June 30 to the date form when it gets approved, be considered as out of status?

[kalyan_ac]

I think its simple to file for a COS. I think form I-539.I am not an expert on this so i leave this for other experts to answer or consult an attorney.If the petition is received by the CIS before your h1 expiry you will not be out of status.