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my H1 6yrs will expire on July 29th,2012 (including time recapture)...My PERM is applied on Oct 12th, 2011 and will not be making the 365 day cut. I have spoken to our lawyer(very good one) and he said he is right now advancely applying for 1yr extension from Oct 12th, 2012 based on the fact and reason that PERM would be pending for 1yr by then. He clearly explained that it is very much possible and it should be approved.
So if that works out, there will still be a gap between July 30, 2012 and Oct 11, 2012 during which I cannot be on H1 and normally I would have to leave the US during this 2 month period. But my lawyer mentioned that he can convert me and my family (H4) to B2 for that 2 month period until Oct 11th, if I do not want to leave the US(due to stamping concerns). He said converting to B2 is not an issue since it is only for 2 months and by the time it runs out on Oct 11th, I will also become H1 from Oct 12th automatically because of preapproved petition without the need to convert from B2 back to H1. Can you please tell me if this sounds a decent and safe option or if any major concerns with converting to B2???..
thank you
So if that works out, there will still be a gap between July 30, 2012 and Oct 11, 2012 during which I cannot be on H1 and normally I would have to leave the US during this 2 month period. But my lawyer mentioned that he can convert me and my family (H4) to B2 for that 2 month period until Oct 11th, if I do not want to leave the US(due to stamping concerns). He said converting to B2 is not an issue since it is only for 2 months and by the time it runs out on Oct 11th, I will also become H1 from Oct 12th automatically because of preapproved petition without the need to convert from B2 back to H1. Can you please tell me if this sounds a decent and safe option or if any major concerns with converting to B2???..
thank you
