Hi,
My husband’s immigration firm recently filed his H1B extension under regular processing. I am currently in the final year of my H1B status, which is set to expire on September 30, 2025, without an approved I-140. Unfortunately, my regular PERM process could not proceed due to issues within my company, and I am now pursuing the NIW process for an I-140.
Since the deadline is approaching, we are planning to transition my status from H1B to H4 and intend to file the H4 application concurrently with my husband’s H1B extension under premium processing. To facilitate this, we have requested his immigration firm to withdraw the already-filed H1B extension and refile it with premium processing alongside my H4 application.
Our primary concern is to avoid any potential unemployment gap that could arise during my H4 status transition. Are there any risks or issues associated with withdrawing my husband’s initial H1B extension application and filing a new one? If I could not file my H4 concurrently, how should I proceed to minimize my employment gap?
Thanks