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Hi,
I am in my 7th year of H1-B working FTE with a fortune 500 company. My H1-B was expiring on 8th April 2012 so we applied a change of status to H4 on 6th April 2012. I have 2 days of H1-B left technically in my 7th year.
I have a situation here.....My PERM was filed on Feb 15th, 2012 and received an audit which has been responded to, so waiting for a positive response from DOL.
Now I am currently on H4.
My question is:
While going back to H1-B, what are my valid options:
1. PERM gets approved, I-140 gets approved, apply COS to H1-B and H1-b extension together to get 3 more years on H1-B.
2. If the PERM is still in process on Feb 15th, 2013, file a COS to H1-B and H1-B extension for 1 year based on pending PERM for 365 days.
3. Go outside the country right now for 3 months, come back on H4 and apply COS to H1-B with recapture time. Is that even possible? Where would this recapture time be counted for - H1 or H4?
Any other options that I have? Want to be safe. My wife is on H1.
Will a COS from H4 to H1 with only 2 days left be considered valid, although it will be accompanied with proof of either PERM approved or PERM pending for 365 days....??
Any response would be appreciated.,,
Thanks!
I am in my 7th year of H1-B working FTE with a fortune 500 company. My H1-B was expiring on 8th April 2012 so we applied a change of status to H4 on 6th April 2012. I have 2 days of H1-B left technically in my 7th year.
I have a situation here.....My PERM was filed on Feb 15th, 2012 and received an audit which has been responded to, so waiting for a positive response from DOL.
Now I am currently on H4.
My question is:
While going back to H1-B, what are my valid options:
1. PERM gets approved, I-140 gets approved, apply COS to H1-B and H1-b extension together to get 3 more years on H1-B.
2. If the PERM is still in process on Feb 15th, 2013, file a COS to H1-B and H1-B extension for 1 year based on pending PERM for 365 days.
3. Go outside the country right now for 3 months, come back on H4 and apply COS to H1-B with recapture time. Is that even possible? Where would this recapture time be counted for - H1 or H4?
Any other options that I have? Want to be safe. My wife is on H1.
Will a COS from H4 to H1 with only 2 days left be considered valid, although it will be accompanied with proof of either PERM approved or PERM pending for 365 days....??
Any response would be appreciated.,,
Thanks!
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