Convert to H4 after H1B max out since perm is pending

Hi All,

Has anyone(or anyone you know) converted to H4 after maxing out on the H1B while waiting for the perm approval.

My H1B will max out on Oct25 '14 and my PD is 06/05/2014. My employer says that I can take the H1B->H4->H1B route without having to leave the country based on my wife’s H1B.

Employer says that H4 can be filed before max out period but it will take 2-3 months to get approved and i will have to stop working just before by max out date.
He says I can get my i140 approved while on H4 (or max out H1B) and then change the status to H1B as a 7th year extension.
Has anyone been in a similar situation before or any advise will be helpful.

Thank in advance for your advise!

The employer is right and this is a good route. Ideally you must cease working once a receipt number has been issued for H-1 to H-4 conversion request.

Best wishes

Dr. Sandeep Shankar, Colorado Heights University,

Thanks Sandeep, that really helps.