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H1 to B1 or some other options? H1 to B1 or some other options?
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  #1 (permalink)  
Old 05-28-2012, 01:09 PM
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Default H1 to B1 or some other options?
Hi,
My H1B expires on Sep 28, 2012. My employer filed my PERM one 15 days ago(May 7, 2012). I don't think i will get PERM and I140 approval by Sep28th. So,need your suggestion on my future step.

1)Can i convert H1 to B1(3 months) and stay here till i get my I140.
2)should i leave to india and come back after PERM and I140 approval(Need more info on this. since i don't know whether i can use my existing H1 for extension or need to apply new H1B?)
3)Do you suggest any other options?

Regards,
PSMN.
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  #2 (permalink)  
Old 05-28-2012, 02:11 PM
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FYI: I am on 6th year.
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  #3 (permalink)  
Old 05-31-2012, 12:23 AM
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Current PERM processing time is 5 months - right now processing Jan 2012. So if you applied in May then you will get approved in October if processing time stays within 5 months.

Its only question of 1 month or so, if you went on vacation during your 6 years on H1b1 then your attorney should request recapture of that time.
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H1-B '01| EB-3 '04 | EB-2 '10 | GC '11
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  #4 (permalink)  
Old 05-31-2012, 07:35 AM
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Quote:
Originally Posted by PSMN View Post
Hi,
My H1B expires on Sep 28, 2012. My employer filed my PERM one 15 days ago(May 7, 2012). I don't think i will get PERM and I140 approval by Sep28th. So,need your suggestion on my future step.

1)Can i convert H1 to B1(3 months) and stay here till i get my I140.
2)should i leave to india and come back after PERM and I140 approval(Need more info on this. since i don't know whether i can use my existing H1 for extension or need to apply new H1B?)
3)Do you suggest any other options?

Regards,
PSMN.
There is another similar discussion that happened recently.

http://immigrationvoice.org/forum/fo...ml#post3429477 (6 years H1 B expiring labor pending)


so @scorpsteals and you can be our test case for this law interpretation from Murthy.

good luck buddies.
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