H1B Expiring Perm Pending looking for options

[satchi2k2]

My situation is Like this :
My H1B is expiring in 2 months. I have filed my Perm and its already been 7 months but no response from DOL.

I talked to our attorney about probable solutions.

He told me that , I need to have Perm and I140 approved before my H1B expiration otherwise I have to leave the country , there is no other way that I can stay in USA.

1- I would like to know if me leaving the country, has any impact on the perm and I140 processing. Will my GC processing stop if I go back to India?

2- Can I come back again from India once my I140 gets approved.

3- Can I work in India for a different employer while I am in India waiting for my Perm and I140.

4-Can I work for a company in USA remotely from India while waiting for my Perm and I140.

5- I would really appreciate if you can suggest any other way which will allow me to stay in USA.I heard something about 180 day limit after expiration any hope for this approach?

Thanks a lot in advance.

[jairichi]

My situation is Like this :

My H1B is expiring in 2 months. I have filed my Perm and its already been 7 months but no response from DOL.

I talked to our attorney about probable solutions.

He told me that , I need to have Perm and I140 approved before my H1B expiration otherwise I have to leave the country , there is no other way that I can stay in USA.

1- I would like to know if me leaving the country, has any impact on the perm and I140 processing. Will my GC processing stop if I go back to India?

2- Can I come back again from India once my I140 gets approved.

3- Can I work in India for a different employer while I am in India waiting for my Perm and I140.

4-Can I work for a company in USA remotely from India while waiting for my Perm and I140.

5- I would really appreciate if you can suggest any other way which will allow me to stay in USA.I heard something about 180 day limit after expiration any hope for this approach?

Thanks a lot in advance.

1. No.

2. Yes, with an approved H1B extension based on I140 approval.

3. Yes, you can.

4. Yes, you can.

5. If your spouse is on H1B you can move to a dependent visa.

[desktop_specialist]

hi 

 

i have a very similar situation

 

my PERM was filled in May 2013. My 6 years H1-B expires on Feb 3rd 2014 (including recapture). I have a few questions:

a) if my PERM and I-140 are approved after H1 expires (say in march 2014), will i still be eligible for 3 year H1-B extension?

b) Do i need to leave the US before the H1-B expires to leave some time for recapture or can i let my current H1-B expire?

[jairichi]

 

hi 

 

i have a very similar situation

 

my PERM was filled in May 2013. My 6 years H1-B expires on Feb 3rd 2014 (including recapture). I have a few questions:

a) if my PERM and I-140 are approved after H1 expires (say in march 2014), will i still be eligible for 3 year H1-B extension?

b) Do i need to leave the US before the H1-B expires to leave some time for recapture or can i let my current H1-B expire?

 

a. With an approved I-140 or PERM pending for more than 365 days you would get initially H1B extension for 1 year followed by 3 years.

2. Yes, you need to exit before your H1B expires to have some days to recapture.

[satchi2k2]

Thanks a lot for all the response.

[KiranDeva]

Hi,

I am working with company A on my H1B visa and my 6 year period will be ending in May 2014 and this company is not willing to file my Green card. I have filled my GC with company B on Sep 25th 2013. What are my options/possibilities of staying in USA. 

My wife is on H1B visa. If i convert to H4 and stay in USA, can i file for H1 again while staying in USA after my I140 is approved with company B.

If I go back to India and stay with Company A(Indian Company); Can company A  apply for my H1 extension after my i-140 is approved with Company B, before I complete my 1 year outside the country.

Thanks a lot for all your suggestions

[jairichi]

 

Hi,

I am working with company A on my H1B visa and my 6 year period will be ending in May 2014 and this company is not willing to file my Green card. I have filled my GC with company B on Sep 25th 2013. What are my options/possibilities of staying in USA. 

My wife is on H1B visa. If i convert to H4 and stay in USA, can i file for H1 again while staying in USA after my I140 is approved with company B.

If I go back to India and stay with Company A(Indian Company); Can company A  apply for my H1 extension after my i-140 is approved with Company B, before I complete my 1 year outside the country.

 

Thanks a lot for all your suggestions

 

Answer for both question is yes. But, what assurance you have that company B will not revoke your GC application if you still plan to work for company A?