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View Full Version : PERM is pending, 3 years H1B is going to expire soon. Options?


wolfvorine
08-14-2013, 09:42 AM
Please suggest options available to me considering the following

5/8/13: File PERM and supplied RFE for 3yrs H1B extension
Current (08/14/13): Both are pending
9/30/13: H1B (I-94) will expire

What would you do if you were me? Could someone explain the 30 days rule, 180 days rule and 240 days rule after my current H1B (I-94) expires assuming that I take no actions before it expires. Can I still apply for a new F1, B2 or file a new H1 with a new employer (not change of status or transfer) and remain in the US while waiting for decision after 9/30/13?

Thanks much,

imh1b
08-14-2013, 10:00 AM
Your problem is simple. I am surprised your lawyer did not guide you properly while filing PERM. Its wrong of them to give sleepless nights so that you end up paying more money when your problem is compounded.

Do you know you can reclaim H1B time and get extension of H1B for it? Find out the exact dates of your entire H!B history. Also see exactly how many days you were out of country on vacation or other purpose. Add all up and minus by 6 years. The amount you get is the extension you can get.
As a backup you can also enroll now in a University and if H1B expires the extra extension, you can convert to F1 visa. You can simply do this F1 paperwork through OIS office in your university that does not cost any money.

wolfvorine
08-14-2013, 10:11 AM
Thanks imh1b
I did not travel outside of the country at all so I don't think I am eligible to recapture H1B time. As for F1 visa, can I do it anytime prior to 9/30/13? Don't you have to apply for it before admission deadline at a university? Can I remain in the US after 9/30 to wait for the F1 decision? What happen if my H1B get approved before the F1? Can I cancel the F1? What happen if the F1 gets approved before my H1B extension? Will it wipe out my H1B status?

imh1b
08-14-2013, 10:26 AM
Thanks imh1b
I did not travel outside of the country at all so I don't think I am eligible to recapture H1B time. As for F1 visa, can I do it anytime prior to 9/30/13? Don't you have to apply for it before admission deadline at a university? Can I remain in the US after 9/30 to wait for the F1 decision? What happen if my H1B get approved before the F1? Can I cancel the F1? What happen if the F1 gets approved before my H1B extension? Will it wipe out my H1B status?

You need to check your H1B dates history before you worry about F1. If you did not travel, then check the dates between visas. You will surely get time. If you were earlier on F1, you can reclaim OPT time too.

krishmunn
08-14-2013, 10:33 AM
You need to check your H1B dates history before you worry about F1. If you did not travel, then check the dates between visas. You will surely get time. If you were earlier on F1, you can reclaim OPT time too.

That's completely wrong. Once someone moves to H1 (from F), the OPT is gone for ever. There is no concept of "reclaiming" OPT time . A new OPT can be availed only for a higher degree.

OP , in title you say 3 year H1 is expiring. So what's the problem? You still have another 3 year . Since your H1 extension is already filed, you are legit. The PERM is independent of your H1 application. If you want you can upgrade the H1 to Premium (costs $1200) .

wolfvorine
08-14-2013, 10:33 AM
imh1b, could you tell me which dates I need to look for? There are so many dates. I will post them here and maybe you will be able to help me?

wolfvorine
08-14-2013, 10:37 AM
krishmunn, I just worry that it might get a denial decision since it has been three months from the date we submitted a RFE and I haven't heard anything back. I am looking for options in case it gets a denial decision. I want to avoid the Premium processing fees unless I have to. Thank you!