!!URGENT!! Question on PERM // H1B Max-Out // AC21

[us1987]

Brief about my case:

1. My H1B max-out will end this November (2021)
2. My PERM is not yet filed. Hopefully, it will be filed by the first week of July.
3. My wife's I-140 is approved but her 3 years' extension will be filed in Sep-2021 (Her H1B max-out will end on Feb-2022).

Based on the suggestion I received:

1. To initiate my H4 COS/H-4EAD. Though it will take months or a year to get the approval I can continue to stay in the US.
2. I will continue to work on my H1B until my max-out date
3. Once my I-140 gets approved, additional time will be requested on my H1B via AC21

Could someone please share your inputs and thoughts on the above, are they correct/or achievable? Thanks in advance!

[rkk09]

Hi,
Please see my response below.
1. To initiate my H4 COS/H-4EAD. Though it will take months or a year to get the approval I can continue to stay in the US.
Answer: Yes. As long as you filed change of status before your current I-94 expires, you will be good to stay in the USA.
2. I will continue to work on my H1B until my max-out date
Answer: It depends the date you will be requesting for change of status.
3. Once my I-140 gets approved, additional time will be requested on my H1B via AC21
Answer: I am not sure about this. Kindly have a discussion with Immigration Attorney.
Thanks

[us1987]

Much thanks!

Just one question, as you said - "It depends on the date you will be requesting for change of status", so if the start date in my H4 application is before my H1B max-out date (i.e, Nov 1st week), will I have to stop working on H1B then, once H4 COS receipt is received?

[rkk09]

Hi,
will I have to stop working on H1B then, once H4 COS receipt is received?
Answer: Yes..
Thanks