Labor Filed in 6th Year of H1B ...Please advice on Potential Options.

[akumaar]

Dear Members ,

Please advice me on the Potential options with calculated risks that I can take Under my current situation.

Rundown of my Situation :
- Current H1B petition Valid until 04/08/2016 (end of 6th year including recap time)
- Employer filed Labor 09/24/2015.(application accepted date)
- Spouse has H1B Visa.(Approved )
- I have MS from US University (Do not intend to go back to School)
- Work for a Direct client who agrees on Working from OFFSHORE location (In the Worse case)

Based on research ,other members experiences and reading , I came up with few scenarios . Please advice if they are valid or suggest a potential approach . Of-course will also consult Immigration attorney ,but before that I need to educate myself of the possibilities.

Scenario 1 - Depart US before my H1B expires(Last week of March) and apply for H1B extension once my Labor/I140 is Approved and return after that. Risk are that I will have to face consular processing and cannot enter US until every thing settles.

Scenario 2 - File for H4 COS ,Depart US before my H1B expires and work from offshore. If COS for H4 is approved after leaving US attend consular process for H4. Once Labor/I140 is approved return to US on H4 and file for COS to H1B and extension.

Scenario 3 - Move to F1 Status (If I get Instate) and sit Ducks until my Labor/I140 is approved then file for COS to H1b and extension. Risk is I will have to quit my job and wait for a semester or two to meet 365 days Perm limit. (people may say its abuse of F1 rule, but I did not make them available and I am Paying).

Please advice .

Much Thanks to all the members taking time to read my Post

[raghvi]

Dear Members ,

Please advice me on the Potential options with calculated risks that I can take Under my current situation.

Rundown of my Situation :
- Current H1B petition Valid until 04/08/2016 (end of 6th year including recap time)
- Employer filed Labor 09/24/2015.(application accepted date)
- Spouse has H1B Visa.(Approved )
- I have MS from US University (Do not intend to go back to School)
- Work for a Direct client who agrees on Working from OFFSHORE location (In the Worse case)

Based on research ,other members experiences and reading , I came up with few scenarios . Please advice if they are valid or suggest a potential approach . Of-course will also consult Immigration attorney ,but before that I need to educate myself of the possibilities.

Scenario 1 - Depart US before my H1B expires(Last week of March) and apply for H1B extension once my Labor/I140 is Approved and return after that. Risk are that I will have to face consular processing and cannot enter US until every thing settles.

Scenario 2 - File for H4 COS ,Depart US before my H1B expires and work from offshore. If COS for H4 is approved after leaving US attend consular process for H4. Once Labor/I140 is approved return to US on H4 and file for COS to H1B and extension.

Scenario 3 - Move to F1 Status (If I get Instate) and sit Ducks until my Labor/I140 is approved then file for COS to H1b and extension. Risk is I will have to quit my job and wait for a semester or two to meet 365 days Perm limit. (people may say its abuse of F1 rule, but I did not make them available and I am Paying).

Please advice .

Much Thanks to all the members taking time to read my Post

Instead of going F1 route and waiting in US, you might as well move to H4 and wait in US. But if it is imperative that you must work then Scenario 2 seems the option to go for, no need to file H4 COS as such, just leave US, once labor/I140 approved, extend H1 and re enter US. Do not exhaust 6 Year of H1, would be a good idea to keep few weeks remaining on it.

This is my opinion not legal advice.