H1B to H4 (need advise please)

[as5106]

 My PERM and I 140 are approved and currently I am on H1B (my H1B expires in June 2014) . I am looking to move to H4 in the next 30 days for further studies purposes. (My spouse has a GC process going on so we decided to let go my GC and come on H4).

Other facts

a.       This June 2014 my 6 years on H1B will expire

b.      I can get my employer to get an extension of 1 to 3 years and I already have PERM and I-140 approved

So my simple question is …will it make a difference if I get H1B extension and then move to H4 and quit my job as I will need to get back to work in 1.5 years from now (will extending the status now, (even though I will quit after getting an extension) help me get the status when I am ready to work again ? (as I would have left the extension unused). Please help/advise

[jairichi]

 My PERM and I 140 are approved and currently I am on H1B (my H1B expires in June 2014) . I am looking to move to H4 in the next 30 days for further studies purposes. (My spouse has a GC process going on so we decided to let go my GC and come on H4).

Other facts

a.       This June 2014 my 6 years on H1B will expire

b.      I can get my employer to get an extension of 1 to 3 years and I already have PERM and I-140 approved

So my simple question is …will it make a difference if I get H1B extension and then move to H4 and quit my job as I will need to get back to work in 1.5 years from now (will extending the status now, (even though I will quit after getting an extension) help me get the status when I am ready to work again ? (as I would have left the extension unused). Please help/advise

Yes, it will be better to get the extension approved and then quit employer. If possible ask employer not to revoke your approved I-140.

[pontevecchio]

It will not make any difference. If you have a few days in reserve you are fine.

[as5106]

pontevecchio - thanks a lot...can you please elaborate a little on what you mean by it will not make a difference ? Does it mean that as long as I have some reserve I can get an extension in future or once I let  go my H1B (without extension , I have no hope for a revivial unless orcourse I stay out for 1 year or hope to get my GC via my spouse who is getting her GC completed) . Please advise

[pontevecchio]

As long as the existing I-140 is not revoked you are eligible for H1 extensions. There is a slight bit of confusion as regards having no days from a previous H1 as a condition for future extensions based on an approved I-140. Even otherwise you will. But some reports of confusion in the matter. You are entitled to H1 extensions based on an approved I-140. Talk to a Lawyer before taking any steps.

[as5106]

thank you