H4 to H1 and 7th year extension - Plz advise


vamsikrish

Recommended Posts

I am in a situation and need your help. 

I have completed 6 years on my H1B with Employer A who also filed my PERM in the 6th year. It went to audit and since my H1B tenure maxed out before by PERM approval, I converted to H4 (my wife is on H1B). 

 

Its been more than a year that my labor was filed and I am eligible for a 7th year extension now. But my company is not applying for H4 to H1B conversion and applying for a 7th year extension (desi company, budget issues).

 

Can I find a new employer who can file for COS and file for an extension ? Is it legal to do so ?

 

Pl advise.

Link to comment

 

I am in a situation and need your help. 
I have completed 6 years on my H1B with Employer A who also filed my PERM in the 6th year. It went to audit and since my H1B tenure maxed out before by PERM approval, I converted to H4 (my wife is on H1B). 
 
Its been more than a year that my labor was filed and I am eligible for a 7th year extension now. But my company is not applying for H4 to H1B conversion and applying for a 7th year extension (desi company, budget issues).
 
Can I find a new employer who can file for COS and file for an extension ? Is it legal to do so ?
 
Pl advise.

 

What is the problem with current employer? Filing for COS along with H1B extension based on PERM pending for more than 365 days does not incur additional expenses.

Yes, you can find a new employer and let them file a COS from H4 to H1B along with H1B extension for a year. But, you risk your current employer withdrawing your GC application.

Link to comment

Archived

This topic is now archived and is closed to further replies.