Urgent Help on H-1B which will expire in 2 days...

[NHWB78]

Hi

I am currently on H-1B (my 6+ year on H-1b) visa & I-94 are set to expire on 12/16/2014. My employer couldn't file the extension because my LCA is denied due to some FEIN issue. They are preparing LCA and H-1B petition again but they can only file it until LCA approved so it is after my I-94 expiry. I got my I-140 approved in 2012. My wife is also on H-1b. I wanted to know what options I need to follow.

1) Can I apply change of status from H1 to H4 so that I don't need to go outside US?
2)If I change my status to H4, can my employer still file H1-B extension petition in December or they have to wait until my H4 gets approved? Will that petition be an extension or new H-1b? Can USCIS deny the H-1b petition because the H4 petition is not approved.
3) Can I file H4 peition alone with premium processing?
4) If I go out of US on or before 12/16, can they accept my employer's H-1B petition as I already used 6+ years of H-1B but I have valid I-140.
5) As I have already used my 6 years of H-1B but have a valid I-140, Can I be cap exempt or it has to be new CAP?

Thanks
VJ

[raghvi]

Hi

I am currently on H-1B (my 6+ year on H-1b) visa & I-94 are set to expire on 12/16/2014. My employer couldn't file the extension because my LCA is denied due to some FEIN issue. They are preparing LCA and H-1B petition again but they can only file it until LCA approved so it is after my I-94 expiry. I got my I-140 approved in 2012. My wife is also on H-1b. I wanted to know what options I need to follow.

1) Can I apply change of status from H1 to H4 so that I don't need to go outside US?
2)If I change my status to H4, can my employer still file H1-B extension petition in December or they have to wait until my H4 gets approved? Will that petition be an extension or new H-1b? Can USCIS deny the H-1b petition because the H4 petition is not approved.
3) Can I file H4 peition alone with premium processing?
4) If I go out of US on or before 12/16, can they accept my employer's H-1B petition as I already used 6+ years of H-1B but I have valid I-140.
5) As I have already used my 6 years of H-1B but have a valid I-140, Can I be cap exempt or it has to be new CAP?

Thanks
VJ

Playing so closely with dates was not a good idea.

1. Yes.
2. They have to wait till H4 approval. It will be an extension as its based on I140 approval. Yes USCIS can can deny if H4 is not approved.
3. There is no premium processing for H4.
4. Possible.
5. You can be cap exempt but I have read conflicting statements in this regard. Generally people save some weeks of H1 and request for an extension.

This is my opinion not legal advice.