PERM Applied need to file for H1 extension with 6years burn out

[Mickey123]

Hi,

Coming this March 2018 my 6 years of H1 will be completed including the out of country days.

My Labor was applied in this week of Jan 2018 now I have the following questions

1) looking at the current processing time for Labor approval I was wondering if can file for H1 extension in Feb with PERM pending?

2) What will happen if my PERM is pending even past my H1 end date, should I leave the country and return back after the PERM & I140 is approved and H1 is filed or will I have any time to stay in US while waiting for PERM to be approved?

3) If I cannot apply for H1 extension before March can I apply for H1 to H4 EAD and what will happen to the PERM process then?


Thank you :-)

[g.aaditya4]

I will soon be in your boat. from my research, you will have to leave the country on vacation and come back when your I140 and h1B extension are complete. Alternatively you can look at the amount of time you may have spent during your 6 years of H1B outside the US and use that as your breakfree ticket. I am not very sure on your third question.

[Mickey123]

I will soon be in your boat. from my research, you will have to leave the country on vacation and come back when your I140 and h1B extension are complete. Alternatively you can look at the amount of time you may have spent during your 6 years of H1B outside the US and use that as your breakfree ticket. I am not very sure on your third question.

Thank you! for sharing your research.

I have burnt out the amount of time spent outside during the 6 years so I do not have that choice.

I have read in some other forums that we can convert to H4 and still wait for the Labor application to be processed. I guess that depends on the employer if they are willing to continue with your Labor application and later once the I-140 is also approved file for H4 to H1. Lets wait for experts for their ideas on this topic.