6th year h1b dilemma, would appreciate an attorney response.

[moyeenuddin77]

my h1b 6th year ends Jan 2014, perm filed June 2013. 6 months for perm approval expected end of Dec (assuming no audit). anticipate premium I140 filing and approval end of Jan and file h1b extension.

if I get delayed in either perm or 140 approval, I plan to file h4 dependent visa.

my question it's: if my h1b expired and I went on h4 before my 140 gets approved, is it possible for my company to file h1b as soon as 140 gets approved?

appreciate experienced insight.

sms

[pontevecchio]

If you want a Lawyers response call the firm and set up an appointment.

[GNH]

I think no but please consult a lawyer.

[Raj7157]

You can file H1B extension before 6 months of current H1B expiration based on your pending PERM decision. 

 

So dont make your case complicated by transferring to H4 visa. Just file one year H1B extension beyond 6 year and you should be good to go until PERM and i-140 gets approved. 

[moyeenuddin77]

is it possible to get 1 year extension beyond the 6th year while I am waiting for labor certification or I-140 approval?

[skn239]

@Raj7157, I am also in the same boat as that of moyeenuddin77.

 

My attorney says that, to leave the country after 6yr completion, but from your statement, it looks we can file for H1B extension when the labor is pending, and can stay in US after 6yr completion, provided the extension is approved. Can you please confirm if any body has the similar instances in the past, so that I can convience my attorney for the same.

 

Thanks in adv.

[Raj7157]

Yes, you can. i don't know anyone right now but you can try on your on finding the legal details and show to your attorney. 

[t75]

Follow the attorney's advice. He knows more about your case than any forum poster.

[t75]

Raj7157,

 

Your suggestion for a non-legal professional to do his own research and show it to the attorney is one of the worst posts ever on this forum.  When did you pass the US Bar Exam?  Rest assured any practicing attorney has done so in at least one state.