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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28201
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Judith.. I have a question regarding COS from H1B to H4,

Customer Question

Hi Judith.. I have a question regarding COS from H1B to H4
JA: Thanks. Can you give me any more details about your issue?
Customer: Sure.. I am currently on H1B which expires on 03/04/16.. My employer has filed to recapture a 45 days to extend my H1B to 04/17/16.. My PERM was applied on Oct 13 2015 and is still pending.. I will max out 6 years on my H1B on 04/17/16.. Do I need to go out of US to change to H4 and wait for the PERM and I-140 to get approved before I can resume work? I will be unable to work for my employer past 04/17/16 unless I have my PERM and I-140 approved..
JA: OK got it. Last thing — Immigration Lawyers generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 9 months ago.
Category: Immigration Law
Expert:  Judith replied 9 months ago.

Thank you for requesting me.

You cannot extend beyond the expiration of the 6th year because your PERM has not been filed at least 365 days prior.

You should depart and return on the H4 prior to the expiration of your 6 years so that you can have an extension filed for the remaining time and a total of an additional 3 years upon approval of your I-140.

If you use up all your time for the 6 years then there is no remainder time to request an extension after the I-140 is approved.

Since a COS takes so long it is best for you to depart and get the H4 before 4/17/16. That way you have some remainder time to use as the basis for an extension beyond the 6th year once your I-140 is approved.

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Judith

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