PERM in process and H1b 6th year expires in 1 month. Urgent help please.

[permcheck]

Will really appreciate some guidance on my case here:

My PERM is in process (filled on 25th Feb 2015) and my 6th Year H1B expires on 25th Sep along with my I-94. My wife is on F1 since last year and she has a full time college for another year. Since I have to stay in US to support kids, I am thinking about changing my status to F2.

 

My queries are:

• Since my I-94 is also expiring on 25^th Sep, when I file the COS form for F2, will that take care of I-94 date as well with my wife’s visa validity or do I need to file an I-94 extension separately along with the COS form?
• Hoping that my PERM gets approved by end of Sep and I file my I-140, followed by H1-B extension (both premium), will having a F2 status during that time cause any issue?
• Incase my F2 COS application is still in process when I file my H1-B extension, will I need to wait for the decision on F2 COS application or can the H1-B extension application be filled in parallel which will overwrite the previous COS application?

I would really appreciate some direction on my queries which will help me plan things.

 

Thanks.

[rara5]

• It should,  the COS , if approved, will take care of the I-94. The next time you leave the country and return you will get the new I-94.

• It's touch and go- you need the approved perm in the next couple weeks and filing of the I-140 almost immediately to meet the Sep 25 date. Remember  you need an approved I140 before Sep 25 to file for your  7th year H1B extension ( or a 365-day pending labor - which isn't the case here).

Here's what I know from  my experience - the "last" application approved will be your status. Meaning if your F2 COS is approved after your H1B extension is approved then it will create an issue and you will be on F2 status ( I think there is a way to file for an appeal to cancel the COS - but I'm not familiar with the process and I know it is time consuming- another 2-3 months waiting). And this case is likely what will happen since the COS application has a 2.5- 3 month processing wait time anyway -s o if your filing for a COS now, you are likely to hear back in Nov/Dec.

The way I see it - if your Labor gets approved by Sep first week and the I-40 is filed right away in premium - then I would think you can hope to file for a H1 ext prior to Sep 25 (assuming i140 clears) without the need for filing a f2 COS. If any of the above doesn't happen ( labor doesn't clear in early Sep or I140 doesn't clear before 09/25) -only then you apply for a F2 COS. You can send in the COS application late as long as USCIS receives it on/by 09/25.  You will then be on a 'pending' status after 09/25 till your COS gets approved.