H1B expiring with no capture time, can the Perm, 140, H1B processed while in India

[nveer]

Hi,

 

My 6 year H1B term expires in the 2nd week of FEB-2014 with no capture time.

My perm was applied in the 6 year in the 3rd week of JULY. Now when I track it is taking more than 200 days and also the Govt. shutdown would even take more time, so I don't think that I can get to know about it before 2nd week of FEB-2014.

Assuming there is no audit, (if audited, I know that there is no chance). It is a neck to neck situation.

Can I go to India on or before the I-94 end date and work from India (my employer allows that) or take vacation, for few days or months, to check if the perm gets approved while in India and apply I-140 in premium processing, while I was in India and then apply H1B extension based on the approved I-140, while I was in India, if approved, get Visa stamped and come to US keeping my current job.

 

1) Is this all possible while I stay in India, or is it necessary to be in US while all the process is going on?

 

 

Also my wife holds a H1B her six year term expires on 1st week of JAN-2014, she has an approved I-140 and currently applying for an H1B extension based on the approved I-140.

In no case I want to transfer to H4 but try to work on to get H1B so that I can work too.

2) Can I apply for H4 COS consecutively while my perm -> 140 -> H1B ext is in process, so that I can choose based on what the outcome from my perm process -> H1B might be.

 

 

3) If applied for H4 COS, does it need to be approved or a receipt is enough to stay in the country?

 

Any advices appreciated..

 

Thanks..

[pontevecchio]

H4 COS with receipt in 2nd week of February,2014. Once the PERM is pending 365 days in July, 2014 have them file a H1 petition extension and leave and come back with the H1 visa. Make sure your company is on board. Alternatively spend a few bucks on a Lawyer consult.