Apply for H1 Extension while H4 COS still pending

[DivyaSelvaraj]

Hi There,

 

 I have given my current status below, can you please provide your suggestion,

 

-          My husband PERM was filed on May 16, 2014 and still pending for approval. I am also working for the same company on H1B (valid until Jan 4, 2016) and have I-140 approval.

-          My husband 6 years of H1B period expired on Feb 6, 2015 and hence applied for COS from H1 to H4 on Feb 2, 2015, based on my H1. This I-539 COS petition is still pending with USCIS.

-          Now after reading USCIS FAQs for H4 EAD, we decided not to apply for H4 EAD until my husband’s H4 get approved.

-          Since my husband PERM is pending more than a year as of now, can my husband apply for H1 extension beyond 6 years (Eligible to apply in increments of one year until PERM gets approved) while his H4 approval is still pending? Or he needs to wait for H4 Approval to apply for H4 EAD? Which route will be the best option for us? I heard that COS approval for H1 to H4 may take anywhere around 9 months.

 

If we follow H1 Extension route and get it approved before H4 COS Approval,can we withdraw the pending H4 application with USCIS?

 

This is urgent as I’m working with employer to move ahead.

 

Appreciate your response on the same.

[DivyaSelvaraj]

Anyone who can help me about this info would be really great...

[Attorney_20]

Since your husband's PD met the 1 year rule after he completed his 6 years of H1B time, he will probably only be able to extend his H1B after his I-140 is approved.  In that case, doing H4 now and EAD later is probably the better option but you and your husband should definitely talk to an immigration attorney first.

[DivyaSelvaraj]

Hello,

 

 Thanks for replying back. But since my husband's PERM is pending for more than a year (5/16/2015) as of now, he can extend his H1 in increments of one year until PERM decision is made.Is my understanding correct?

 

 Also, please clarify,in case H4 gets approved before PERM(considering H1 route instead of H4 EAD) - Is Premium processing for COS H4-H1B filing is available now? I believe this is not an H1 - extension of stay but Change of Non Immigrant status as USCIS has temporarily suspended PP for EOS until July 27th. 

 

Appreciate your response on this.