H4 to H1

[raving]

HI,

 

Need help on my situation. My H1 is maxing out on 18th Dec 2014 and my company hasn't filed my PERM yet. They say they will file it somewhere in April 2014. So my question is:

 

1. Can i do COS to H4 based on my Husband's H1 without leaving US?

2. Can I then ask my company to file my COS/H1 extension and start working - lets say after Apr 2015 if still my PERM is pending again without leaving US.

[jairichi]

HI,

 

Need help on my situation. My H1 is maxing out on 18th Dec 2014 and my company hasn't filed my PERM yet. They say they will file it somewhere in April 2014. So my question is:

 

1. Can i do COS to H4 based on my Husband's H1 without leaving US?

2. Can I then ask my company to file my COS/H1 extension and start working - lets say after Apr 2015 if still my PERM is pending again without leaving US.

1. Yes.

2. Yes. Better to have some weeks to recapture to get H1B extension based on PERM pending for more than 365 days.

[pontevecchio]

Yes, Yes.

[raving]

Thanks All for the response. 

Unfortunately my employer is telling me a different story. As per them when I go on H4 I will no longer be there employee so they won't be able to file my visa extension. Is is true? If not, then is there a link to a credible website which explains this rule that I can forward to them?

Appreciate all the help!

[pontevecchio]

It suggests the company is not interested in filing your GC. If it is a DCC you are well out of it. Get a better employer if possible.