8 teacher, his time is tight, even if only about 20 days H1B unu

8 teacher, his time is tight, even if only about 20 days H1B left, he can still go back to china right now and stop the H1B clock, and wait in china until his perm is approved, I-140 is approved, then have his employer extend his old H1B 3 years? It sounds so unreal, but it is quite appealing. He really doesn't want to go back to F1 again. 8 teacher, can you clarify? Thanks very much!

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below is your previous reply:

**he submitted his 4 months plus 1 year extension 3 months ago,so he already used up 3 months. and H1B extension is still pending.

perm was submitted in Jan 2011, pending 9 months now. Does perm have to be pending over 1 year then his 1 year will be granted?

-Yes, it has to be filed one year before his H1 reaches the 6 year limit. So, he can not be qualifed for the H1 extension beyond the 6 year limit by this time.

 per your below, I am confused.

you said" using the pending PERM (filed one year before the h1 reaches the 6 year limit)"

Does below my idea work? Thanks very much, 8 teacher!

 

-No. He may have to go outside US to get the F1 visa to come back if his H1 is deneid, instead of filing I-539 to change hsi status to F1 in this case.

My suggestion for him to save his H1 sttaus is that he may just go to China immediately now to stop the 6 year H1 clock. Then, after his PERM filing (pending or approval does not matter) reches one year, his employer can file the H1 for another one year beyond the 6 year H1 limit and then, he can get the H1 visa to come back. Then, after his I-140 is approved, he can extend his H1 for three years, and again and again until he files I-485 or get the green card. He actually only stay in China for 3 months for his PERM filing reaches one year and he can ask his employer to use premium processing to get the H1 approved in 15 days so that he can apply for the H1 visa In China.

So, he does not need to apply for the F1.

 

"Can he submit his F1 TR application, mail it by overnight mail once know H1B extension is denied by checking online status)? Do you think this catches time?

所有跟帖： 

• 回复：8 teacher, his time is tight, even if only about 20 days H1B -863211- ♂ (935 bytes) () 10/10/2011 postreply 18:07:09

• thank you very much, 8 teacher! -前景堪忧- ♀ (0 bytes) () 10/10/2011 postreply 19:18:12