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Last year H1b.. what are my options for a new offer

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  • Last year H1b.. what are my options for a new offer

    My H1b expires in Oct 2013. I have got an offer from an employer who is ready to file GC immediately after joining. However, since my PERM will not be applied before my H1b expiry, I face the possibility of losing my H1b 6 yrs in case there is a query or obstruction
    Please let me know if there is such a scenario, I can move from H1 to L2 and once 365 days are over from the filing, I can change my status back to H1b and resume my 7th year extention.
    Is that all legal and possible? (assuming my spouse has her L1 visa and remains in status during this period)

  • #2
    Immihelp Support
    No legal advice. Use at your own risk.

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    • #3
      Originally posted by immihelp View Post
      Thanks for the response... so does that mean I have no option left if there is no possibility of filing labor before 365 days left for H1b 6 yr term?


      • #4
        Originally posted by immihelp View Post
        What does option 4 mean in the article below.. is it not what I am trying?? Please advise

        Option 4: Dependent Status

        Some of those reaching the end of their six years in H1B status may be able to change to dependent statuses through their respective spouses. Under the decoupling memo, referenced above, the time in H1B status does not limit eligibility for time in H-4 status. Of course, employment is not possible in H-4 status.

        If one happens to be married to an L-1 principal, however, then the status of L-2 spouse would be a good option, as this allows for employment authorization. If one's spouse is also the beneficiary of a green card case, this may provide options if the application for adjustment of status (I-485) can be filed. The I-485 filing would permit the applicant to obtain an employment authorization document (EAD), although it does not provide a way to extend the H1B status of a derivative (dependent) spouse.

        In our example, Mr. Kumar might be able to change to H-4 status between January 4th and May 4th, 2012. The employer would have to be willing to continue to offer the position to him for the future and continue to support his green card case. Mr. Kumar would then be able to revert to H1B once 365 days elapsed since the filing of the LC. This timeframe could be reduced by any time available for recapture. The H1B petition filed on this basis would not be subject to the H1B cap.


        As each case is different, it is important to analyze your particular situation carefully and discuss the available options with a knowledgeable and experienced immigration lawyer.


        • #5
          I think you should be able to do that. But remember if you change to L2 status you will not be able to work unless you also have EAD based on L2. So there may be a gap in your work authorization.
          This is my opinion and not legal advice.