H1B 6 Years Completing but Perm Not Cleared


h1b_problem

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Hello I have a situation, my H1B expiring on Jan 10, 2014 but my Perm that was filed in August 2013 has not cleared yet.  What should I do? Do I have to leave the country and come back after an year?

 

My wife is on H1B status, can I move as a dependent H4 status until things get resolved?  Is that right?

 

Please help, I need an advice desperately.

Thank you anyone for your timely advice and help.

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Hello I have a situation, my H1B expiring on Jan 10, 2014 but my Perm that was filed in August 2013 has not cleared yet.  What should I do? Do I have to leave the country and come back after an year?

 

My wife is on H1B status, can I move as a dependent H4 status until things get resolved?  Is that right?

 

Please help, I need an advice desperately.

Thank you anyone for your timely advice and help.

Your employer could apply for extension based on PERM pending for more than 365 days by August 2014 or with I-140 approval before that. You could move to H4 status a couple of weeks before 10th January 2014 to help you recapture those days when applying for extension based on pending PERM in August 2014 or I140 approval before that.

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How much time can you recapture i.e. time you spent in non H1 status and out of country? That will be your first option to cover 8 months between H1 expiry and PERM 365 day. Do this first. That will at least give you more time for PERM approval and hopefully 140.

 

If PERM gets approved meanwhile, you can go for premium processing 140. 

 

And then think of H4 status.

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