H1B Sixth year expiring!...IMP

[priyaangadi]

Hello,

I'm on my 6th year H1B which is expiring on 1st Oct2014( if extension on recapture comes by will get an extension for another month). and I work full time with a reputed Insurance firm and they have initiated my GC process. am in my advertisement period and they will file my labor before 20th Aug.
the problem now is my employer says I need to move to a different location as am currently working from home since 2 months and if not they wanted me to quit. Relocating again at this point is impossible. Now am wondering if I can go on H4 (my husband on H1) and save the H1 time left? if yes, can I just reactivate the H1 after some months with a different employer or do I have to go through the same process as a new H1?

Please advise me at the earliest. Your solution on my case is much appreciated.

Thanks!
Priya.

[raghvi]

Hello,

I'm on my 6th year H1B which is expiring on 1st Oct2014( if extension on recapture comes by will get an extension for another month). and I work full time with a reputed Insurance firm and they have initiated my GC process. am in my advertisement period and they will file my labor before 20th Aug.
the problem now is my employer says I need to move to a different location as am currently working from home since 2 months and if not they wanted me to quit. Relocating again at this point is impossible. Now am wondering if I can go on H4 (my husband on H1) and save the H1 time left? if yes, can I just reactivate the H1 after some months with a different employer or do I have to go through the same process as a new H1?

Please advise me at the earliest. Your solution on my case is much appreciated.

Thanks!
Priya.

There is no hard and fast solution to your issue as you started your GC processing so late into the 6th Year. Had you started it before completion of 5th Year you could have extended based upon pending PERM.

As it is you would not be able to work behind Oct 2014 as you would have exhausted 6 Years of H1, hence would suggest to resign now and simultaneously file H1 to H4 , but request employer to continue the GC process, so that in Aug 2015 you can extend the H1 by 1 Year based on PERM pending for more than 365 days. IF your I140 gets approved before Aug 2015, you can request for a 3 Year H1 extension.

This is my opinion not legal advice.

[priyaangadi]

Thank you Raghvi,

What happens if my employer refuses to continue Perm process? Is there any other way that I can activate my h1 after 365 days being on H4 or apply for a fresh H1? Please advise.

Thanks!
Priya.

There is no hard and fast solution to your issue as you started your GC processing so late into the 6th Year. Had you started it before completion of 5th Year you could have extended based upon pending PERM.

As it is you would not be able to work behind Oct 2014 as you would have exhausted 6 Years of H1, hence would suggest to resign now and simultaneously file H1 to H4 , but request employer to continue the GC process, so that in Aug 2015 you can extend the H1 by 1 Year based on PERM pending for more than 365 days. IF your I140 gets approved before Aug 2015, you can request for a 3 Year H1 extension.

This is my opinion not legal advice.