H1B Beyond 6 years

[sahasam]

Situation:

H1B 6 yr term (including the recaptured time spent outside US) will end in Sept 2018. Employer (FT) will be filling PERM next week or so. Based on the current PERM processing times, there is a greater chance that the PERM appl may not be approved before H1b expiration. In that case, what is the best option?

A. Get an I20 and continue to work for same employer? When PERM is approved, will my employer be able to apply for H1 extension? 

B. Switch to H4 (with or without WAD). In that case, what happens to previous H1 status? Will I be able to go back to H1 ever? When PERM is approved, will my employer be able to apply for H1 extension? 

C. Back to India for a while? When PERM is approved, will my employer be able to apply for H1 extension? 

Help please! 

 

[krishna0125]

31 minutes ago, sahasam said:

Situation:

H1B 6 yr term (including the recaptured time spent outside US) will end in Sept 2018. Employer (FT) will be filling PERM next week or so. Based on the current PERM processing times, there is a greater chance that the PERM appl may not be approved before H1b expiration. In that case, what is the best option?

A. Get an I20 and continue to work for same employer? When PERM is approved, will my employer be able to apply for H1 extension? 

B. Switch to H4 (with or without WAD). In that case, what happens to previous H1 status? Will I be able to go back to H1 ever? When PERM is approved, will my employer be able to apply for H1 extension? 

C. Back to India for a while? When PERM is approved, will my employer be able to apply for H1 extension? 

Help please! 

 

This is little complex case..

first thing you need to leave us before atleast month leaving some time on your 6year h1b, so once your perm and i140 get approved you can use that and file an extension based on that(to file extension you need to have some time left on original h1b). if you complete full 6 years and didnt apply for extension based on i140 or perm you need to come through lottery again.

This is just my guess confirm this with attorney..

[dalapathi]

Option C better emo. 1 week atla vunnappudu velli, PERM approve kagane i 140 $ h1b extension premium lo cheyinchiko.

Option a not valid anukunta. Already f1 lo vunna vallu OPT ayipoye time ki day 1 cpt teesukovachu kani h1b lo vunna vallu change of status approve ayina taruvate work cheyyali anukunta. Konni universities telvaka h1b vallaki kuda day 1 nundi cpt istay anukunta. Sarigga kanukko. Future lo issue kakunda

Option b kuda valid anukunta. Perm approve ayina taruvata 140 based extension apply cheyyochu anukunta.

Ivvi just naaku idea vunna daani bat to cheppina. Mee attorney inka murthy forum attorney and inka Emily & Neumann attorneys itla 2 or 3 evaraina attorneys tho matladi decide avvu.

[krishna0125]

11 minutes ago, krishna0125 said:

This is little complex case..

first thing you need to leave us before atleast month leaving some time on your 6year h1b, so once your perm and i140 get approved you can use that and file an extension based on that(to file extension you need to have some time left on original h1b). if you complete full 6 years and didnt apply for extension based on i140 or perm you need to come through lottery again.

This is just my guess confirm this with attorney..

I think you can use option b also make sure to specify start date as July 2018 or something in h4..but sometimes usicis will give start date as approved date appudu nee h1b full 6 year complete ayyipothindhi and then you can use i140 for extensions..but it worth to take risk instead of taking option C

[sahasam]

3 minutes ago, krishna0125 said:

I think you can use option b also make sure to specify start date as July 2018 or something in h4..but sometimes usicis will give start date as approved date appudu nee h1b full 6 year complete ayyipothindhi and then you can use i140 for extensions..but it worth to take risk instead of taking option C

If we go with H4 EAD, current H1 inka end ayyipoyinatle kada. Also, H4 EAD soon end avutundi strong ga antunnar ga. 

[krishna0125]

Just now, sahasam said:

If we go with H4 EAD, current H1 inka end ayyipoyinatle kada. Also, H4 EAD soon end avutundi strong ga antunnar ga. 

you can specify date on application from when you want h4 to start..so if you give this month which means you are saving 4 month on h1b which you can claim or use for extension later..h4-ead end chesina once issued h4-ead disable cheiyaru..once you get it for 3 years you will be good..

[sahasam]

H4 EAD approval may take from 3 months to 6 months so, H1 end ayye time ki H4 EAD approval raakapothe oka problem. 

Karma kaali, PERM and 140 approval Sept lo ayyipothe, I won't be able to have H1 extensions if I am already on H4 EAD. 

[sahasam]

2 minutes ago, krishna0125 said:

you can specify date on application from when you want h4 to start..so if you give this month which means you are saving 4 month on h1b which you can claim or use for extension later..h4-ead end chesina once issued h4-ead disable cheiyaru..once you get it for 3 years you will be good..

antha easy na H1 to H4 EAD and then H4 EAD to H1 change avvatam? asale complicate ga scenario inka complicate ayyiddemo? 

[krishna0125]

3 hours ago, sahasam said:

antha easy na H1 to H4 EAD and then H4 EAD to H1 change avvatam? asale complicate ga scenario inka complicate ayyiddemo? 

yes it is easy but it takes time. In some service centers it take upto year as well..but you have no choice..