H1 Expires in this month end and PERM got approved


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Posted

Hello,

Can you pls suggest me available options in below situation.

1. working for company A - 6 years H1b expires in this month end - no GC filed.

2. company B filed GC and PERM got approved couple of days back in EB2.

Am I still eligible to extend my H1 since PERM got approved with company B?If yes then on what basis Company B can apply extension since I am still working on company A's project!!

I also have an option to convert in to H4

Thanks in advance for your suggestions.

  • 2 weeks later...
Posted

I am not an attorney, and I think you should be talking to an attorney.

This is my take:

1. This alone, you should be packing up now.

2. file for 140 on premium, and prepare for change of status or leave the country. if you are lucky, your 140 will come through and you may be able to file for extension.

PERM alone wont get you an extension. you need an approved 140 to extend, unless your PERM was file 365 days prior to your 6 year cap.

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