H1B expires Oct 15, 2015, perm pending

[moulen]

Hello,

My 6th year H1B expires on Oct 15, 2015, perm pending with priority date of 5/13/2015 (<365 days). 

 

1. My husband is H1B. Can I apply for H4 after my H1B expires?
2. Is there any way to continie working even after 6th year H1B while perm is pending?
3. Can I apply i-140 while perm pending? 
4. I heard something about 180 days.  

I have two small kids and working husband. I am not able to leave US. 

 

Your thoughts and suggestions are greatly appreciated. 

 

M

[moulen]

Please advice. 

[pontevecchio]

1. Yes.

2. Once PERM is pending 365 days plus you can get H1 extensions

3. I-140 is filed based on an approved PERM.

4. ?

5. Does your husband have a pending I-140?

[moulen]

Thank you, Pontevecchio. Unfortunately, he does not have pending I-140. In order to start working again, I guess I have to wait until perm+i-140 gets approved. 

 

Thanks again. 

[pontevecchio]

Or till PERM is pending 365 days.

[moulen]

I am going to apply for H4 since my H1B is expiring soon, Oct 15, 2015. 

 

• Can I work until I get my H4 gets approved even after Oct 15? I heard my status still considered as H1B while it is pending. 

Thank you,

M

[moulen]

Please help.

[jairichi]

I am going to apply for H4 since my H1B is expiring soon, Oct 15, 2015.

• Can I work until I get my H4 gets approved even after Oct 15? I heard my status still considered as H1B while it is pending.

Thank you,

M

Only of your I797 & I94 is valid & you hav not completed 6 years on H1B.