H1B 7th year extension - IMPORTANT

[srivatslib]

Hi

My 6th year on H1B visa expires in June 2012 including recapture. My emplyer applied for Labor in October taht got audited and then denied now. My wife works on H1B. At this point what are my options for an extension/ legal stay?
Also when the recapture is pending for approval can I file for a change of status to H4?
Please Help me with your advice

Thanks.

[shervin143]

Filing H4 is the only valid option to stay legally in the country. There is no possibility of H1B extension as the PERM got denied. In order to get a fresh 6 year period in H1B, you need to spend 1 year outside U.S.

[srivatslib]

Hi

Thanks for the reply. I've filed for my recapture of dates. Is it required to have that H1 ext approved before I file for change of status to H4? or Can I file for change of status when that H1 recapture is pending approval?

[shervin143]

You can file the COS to H4 based on the pending H1B extension.It is not required to wait until the H1B approval.

[srivatslib]

Thanks again.
Who should file the H1 to H4 conversion.Will it be my employer or my spouse's employer or individual?
Also when should it be filed? say my 6th year expires on June 30th. Is it fine for me to file for COS by June 20th requesting for it my H4 to start from July 1st?
And if the COS gets approved later with some other date in July , will the period after June 30 to the date form when it gets approved, be considered as out of status?

[shervin143]

Who should file the H1 to H4 conversion.Will it be my employer or my spouse's employer or individual?
>>> It can be filed by yourself. Search and read the instruction to file form I-539 in uscis.gov. Your spouse's employer can also file it they are ready to take care of the expenses.

Also when should it be filed? say my 6th year expires on June 30th. Is it fine for me to file for COS by June 20th requesting for it my H4 to start from July 1st?
>>> The documents should reach USCIS before your current status expires. It is advisable to file it earlier and get a receipt notice. You can continue to work until the H4 gets approved or till the 6th year limit is reached whichever comes first.

And if the COS gets approved later with some other date in July , will the period after June 30 to the date form when it gets approved, be considered as out of status?
>>> No. It is called as a period of stay authorized by the attorney general.

[srivatslib]

Thank you for the responses.