sudershanrc Posted October 8, 2013 Report Posted October 8, 2013 I am in the 6th year of my H1B. The H1B is till 11/27/2013. (including recapture of time outside US). My PD is 02/20/2013. Now the PERM is still in audit and might be pending till 02/20/2014. Here are the options I am thinking of. 1.) Change my status to H4 (COS - as my wife is on H1B). And then my current employer A apply for 7th year H1B extension COS while PERM is pending. 2.) Change my status to H4 (COS - as my wife is on H1B). And then another employer B apply for 7th year H1B extension COS while PERM is pending from employer A. 2a.) Can employer B file H1B while I am on H4 with Oct, Nov 2013 pay stubs? 2b.) Can employer B file PERM for the same position while applying for GC? 2c.) Will I be in same situation for my 8th year if I change from employer A to employer B? 3.) Can I find a job in Canada and come to US bi-weekly on H4 to capture 1yr gap to file new H1 in the 2014 cap? Do you see any problems with multiple entries to US? 4.) What other options do I have at this point of time? Thanks for all your replies.
pontevecchio Posted October 8, 2013 Report Posted October 8, 2013 You seem very unsure of the process even after 6 years. I strongly urge you to discuss your issues with a Lawyer. You have the same entitlement as any other person for one year H1 extensions beyond the initial 6 if the PERM or I-140 is pending 365 days and 3 year extensions if the I-140 is approved. H1 can be filed by any employer. On another note are you implying Canada has no scope?
sudershanrc Posted October 8, 2013 Author Report Posted October 8, 2013 My employer is not transparent with the GC process and they are not telling what will be their plan if PERM is still pending on 11/27/2013. So my options are either to file 7th yr extension with another employer if my current employer doesn't want to proceed with my GC or 7th year. Or start working in Canada to reapply for H1B after an year. Probably please understand my situation and do not comment something negative. Answers to my questions would be very helpful. Thanks once again.
kp1180 Posted February 11, 2014 Report Posted February 11, 2014 Sudershanrc, I am in same boat like you. Can you share your experience that what you did with your 7th year H1B extension? My H1B expired on 11/25/2013 and priority date is 02/20/2014. Now I am talking with another employer for 7th year H1B extension. Please update me. thanks. KP
pontevecchio Posted February 11, 2014 Report Posted February 11, 2014 You seem to be very unsure of yourself. Have you bothered to read my reply? I doubt it. What part of Talk to a Lawyer do you not understand? Do yourself the courtesy of actually reading the reply.
kp1180 Posted February 17, 2014 Report Posted February 17, 2014 My employer is not transparent with the GC process and they are not telling what will be their plan if PERM is still pending on 11/27/2013. So my options are either to file 7th yr extension with another employer if my current employer doesn't want to proceed with my GC or 7th year. Or start working in Canada to reapply for H1B after an year. Probably please understand my situation and do not comment something negative. Answers to my questions would be very helpful. Thanks once again. Can you share your experience with your 7th year H1B extension? What document required to prove that PERM is pending from old employer?
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