PERM filed in August, H1B expiring in May


mouli_rvm

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Hi, I have my PERM filed on August-5th 2013 and my H1-B will max out is May-5th 2014, I have question on the options i have in case my PERM and I-140 doesn't get approved on time or audited for any reason.

 

1. I have my H1-B filed for extension till May-05 2014 and yet to be approved. My attorney advised against leaving the country while H1-B in process. Do i have an option to make H1-B as premium processing and once approved, leave the country in March to extend my max-out period ?

 

2. My spouse is woking on OPT, what are my chances to apply for change of status as dependent for F1 and continue stay in US till PERM, I-140 is approved and then continue emplyment (provided my employer agrees). My spouse is also planning to apply for H1-B in next year quota, how will that impact my change of status request ? Can she apply for H1-B and i apply for dependent on F1 at the same time.

 

Please suggest if i have any other options, thanks a lot for your response.

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  • 5 weeks later...

Hi, I have my PERM filed on August-5th 2013 and my H1-B will max out is May-5th 2014, I have question on the options i have in case my PERM and I-140 doesn't get approved on time or audited for any reason.

 

1. I have my H1-B filed for extension till May-05 2014 and yet to be approved. My attorney advised against leaving the country while H1-B in process. Do i have an option to make H1-B as premium processing and once approved, leave the country in March to extend my max-out period ?

 

2. My spouse is woking on OPT, what are my chances to apply for change of status as dependent for F1 and continue stay in US till PERM, I-140 is approved and then continue emplyment (provided my employer agrees). My spouse is also planning to apply for H1-B in next year quota, how will that impact my change of status request ? Can she apply for H1-B and i apply for dependent on F1 at the same time.

 

Please suggest if i have any other options, thanks a lot for your response.

Can you please provide with first five digits of your application A-xxxxx.

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