Legal Question in Immigration Law in Virginia

Hi,

I am in my 6th Year of H1-B. My H1-B is valid till Sept 2010. My employer was suppose to file labor in april 2010 but due to layoff in january they can't file till july 2010. I wanted to know what are the options for me.

1. If I go on F1 visa and work on CPT can my employer file my labor as future employee? and apply for my I-140? and if I-140 is approved after finishing my M.S can I still extend my existing H1B?

2. If I capture out of country time my H1-B can be extended till Dec 2010. Meanwhile lets consider positive scenario if my employer files Labor and applies for I-140 and it approves. After December 2010 if I go out of country can I come back to US on H1-B by applying 3 more years of extension? OR if I stay in USA on H4 status can I again extend my H1-B for 3 years ?


Asked on 5/27/10, 1:14 pm

1 Answer from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Your employer can file labor (also known as PERM) before or after you change status to F1. However, the next step (I-140 petition filed with the USCIS) can interfere with maintenance of F1 status, since this status does not allow for intention to immigrate to the U.S.

The green card process through the filing of PERM is for full-time, permanent employment in the future. As long as PERM is pending for at least one year, your employer can file H1B petition for you even if you are outside the U.S. at that time or in H4 status.

You can call our law firm at 212-268-3580 during business hours, or email [email protected] for any additional guidance.

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Answered on 5/27/10, 5:33 pm


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