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H1 extension , perm audit , coverted to h4 in the interim

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  • H1 extension , perm audit , coverted to h4 in the interim

    Hi ,

    My perm was filed in July 2014 and I completed my 6 years of h1b in December 2014 during the same time I received an audit on my PERM . Went to India and converted to H4 and back to USA on H4 visa in March 2015 .I will be eligible for H1 extension on AC21 this coming July - July 2015 as it will be an year since my PERM was applied. We plan to apply for an H1 extension premium processing this July .

    Questions-

    1. Can I start to work as soon as my application for extension is filed in the first week of July ?
    2. Will my status change automatically from H4 to H1 as soon as the extension is approved ? Or is there any other step that I am missing.

    Any info on this is appreciated. Thank you very much.

  • #2
    Originally posted by typicalindian View Post
    Hi ,

    My perm was filed in July 2014 and I completed my 6 years of h1b in December 2014 during the same time I received an audit on my PERM . Went to India and converted to H4 and back to USA on H4 visa in March 2015 .I will be eligible for H1 extension on AC21 this coming July - July 2015 as it will be an year since my PERM was applied. We plan to apply for an H1 extension premium processing this July .

    Questions-

    1. Can I start to work as soon as my application for extension is filed in the first week of July ?
    2. Will my status change automatically from H4 to H1 as soon as the extension is approved ? Or is there any other step that I am missing.

    Any info on this is appreciated. Thank you very much.
    1. I would advise to await the decision, approval notice, before joining. If in hurry file in premium but join only after approval.
    2. Yes it will if it is approved with a new I94.

    This is my opinion not legal advice.

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