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Hello. My current 1 year ext of H1B expires in Aug 2022. I have an approved I-140 from an old employer A with a Feb 2010 pd. Since q1 21, My GC dates are current but for some reason my current company's immigration attorney initiated the process in Nov 2021 when they filed my PWD. I have not yet got that approved. should be any day now. The recruitment period ends mid June 22 post which they will file PERM.
since my H1 is about to expire and they were going to file in premium, they have advised me to think of a backup plan. As per them there is a possibility of my case getting a RFE and potentially be denied later as it has not yet been 365 days since my Labor petition started. They are suggesting that in the event I am denied, I should go out of US and come back after 1 year.
I am thinking- File regular processing h1b in Aug which gives me 240 days auth stay till decision. Regular processing filed in Aug (3-6 months), RFE response 90 days can get me to Jan-feb 2023. If my PERM is filed next month then I can potentially get it approved by Jan, file 140 in premium and concurrently file 485.
Thoughts?
since my H1 is about to expire and they were going to file in premium, they have advised me to think of a backup plan. As per them there is a possibility of my case getting a RFE and potentially be denied later as it has not yet been 365 days since my Labor petition started. They are suggesting that in the event I am denied, I should go out of US and come back after 1 year.
I am thinking- File regular processing h1b in Aug which gives me 240 days auth stay till decision. Regular processing filed in Aug (3-6 months), RFE response 90 days can get me to Jan-feb 2023. If my PERM is filed next month then I can potentially get it approved by Jan, file 140 in premium and concurrently file 485.
Thoughts?
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