My Perm got denied recently because the attorney made a mistake. My h1b maxes out in December next year. I can move to H4 EAD after my h1b maxes out. My question is can an employer file for my perm and i140 on h4 EAD and can I move back to h1b with an approved i140 even after I have used all my 6 years?

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You can’t. H1B can’t extend after maxed out unless u have a perm filed and approved within that 6 years

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Yes processing longer than 365 days

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EY1 is right. If you employer can file your PERM again latest by December of this year, you’ll be able to get additional 1 year extensions until your that PERM gets approved or denied.

Now, I don’t know if you have to go through all the labour market test and all the pre PERM stages again in which case you most definitely won’t be able to file again before December of this year. But if not, I’d definitely reconsider filing again.

As for your H4 EAD question, I don’t really have any insight on that but I’m wishing you the best and hope you pull through!

Not sure but probably 6+ months? If they have to start over at the PWD stage then I would recommend focusing on the H4 route because let’s even say PWD takes 5 months, that will put you at January next year if your company were to file today but even worse is that after they will still have to do the labour market test which will take another 3-4 months considering nothing goes wrong.

The only scenario where this is worth pursuing is one in which you are able to recapture 4-5 months on your H1B so that when they file the PERM, it’ll look like it’s a year before your H1B expires. All of that seems highly unlikely so I think you should look into the H4 route you originally asked about.

Also, none of this is legal advise, just my personal thoughts. Definitely contact an immigration attorney outside of your company asap.

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