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H1b 6th year expiring by Sept end and PERM application filing May beginning

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  • H1b 6th year expiring by Sept end and PERM application filing May beginning

    My H1b 6th year is expiring by Sept end and legal team is planning to file the PERM application May starting. With PERM application processing timelines and suspended I-140 premium, I am NOT confident that I-140 will be approved by Sept end.

    1) Are there any chances that I-140 will be approved by end of Sept?

    2) My spouse is on H1b but no I-140 yet. What are the options I have if I want to stay back in US after end of my 6th year like just on H4 without EAD?

  • #2
    1) Chances of the I-140 approved before end of September are very low. Your PERM application will take 150 days as per current processing times. Then your I-140 needs to be applied upon approval. You cant apply for H1B extension since your PERM isn't filled 365 ago your expiration.
    2) You can stay in USA by just converting onto H4. But you need to send that H4 application as soon as possible with future date of September 2020. So that your H4 kicks in on that future date.

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