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Completing H1B 6 years, PERM and I-140 are still pending, spouse on H1B.

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  • Completing H1B 6 years, PERM and I-140 are still pending, spouse on H1B.

    Hello.
    Me and My Wife came to US on L1 and L2 and later both converted to H1, her H1 picked last year 2017 and mine was in 2016 and i will be completing 6 years next month (20 Feb 2018, it includes L1 time as well) and my PERM is still pending and then I-140, below are my questions. need your advice on these. Thanks in advance for your response.

    1) I read we need to keep some time on H1B, did not understand the logic behind it and not sure why we need to keep few weeks on H1B instead of exhausting all 6 years? did not find answers anywhere.

    2) I was planning to go out of US before the 6 years of H1B expiry and get the H4 stamping and come back to US, is there any risk of getting H4 stamping as I’m being a husband applying for H4?

    3) If i apply for H4 within US and once my PERM and I-140 approved then apply for change of H1 status in US. As there is no premium processing for H4, will i be able to convert to H1 again when the H4 application is still pending, i read that will have to wait for H4 status to be updated before they can start processing my H1 Extension application is this correct understanding?

    Thanks for your advice on this matter.
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