H1 to H4 COS and PERM Filing

Hi There,

My H-1B is maxing out in Jan 2022. My employer is also planning to file PERM in Jan 2022.
I have also filed for H1 to H4 COS EAD in Apr 2021 based on my spouse’s I140. Based on the current timelines - it is taking 7.5 - 9.5 Months to get H4 COS.

If I get my H4 approved before Jan 2022, will my employer still be able to file for the PERM?

Green card job is a future job and PERM can be applied any time.

So as per my understanding, PERM can be applied even if I have moved from H1B to H4.

Whether you are in the US in a valid non-immigrant status or outside of the US , as I mentioned green card job is future job. As far as the sponsoring employer for green card job has a valid job offer and is able to pay you per the PERM wages, green card process can be started at time, any place irrespective of your status.

1 Like