On H1--> Going on H4-->Back to H1

USA H1B Visa
1

Hi,

My H1-B visa is expiring in Apr 2013 and my spouse is also on H1-B till Jun 2014. My company will be filing my PERM in May 2013. I am planning to stick around in US on dependent VISA H4 as my employer is providing the option of a break.(employed on no salary…I will not be working since on H4)

And my employer will convert from h4 to h1 as soon as my I-140 gets approved. If my previous employer does the conversion, do I have to leave US or can i get the 3 year extension on my existing H1 in US itself? And normally how long does the coversion take?

Is there anything from legal perspective which I should be bothered about or is this sounds like a good plan. Let me know if you observe any loop hole.

2

This plan may work.

If the PERM is pending for >365 days, then you are eligible for 1 year extension

If the PERM is approved, but I-140 is pending for >365 days, then you are eligible for 1 year extension

If the PERM and I-140 are approved, then you are eligible for 3 years extension

COS will have to accompany H-1 extension petition. This can take 2-6 months under regular processing and 15 calendar days under premium processing (RFE time not included).