Hi @anil_am22, I have went through several of your posts and others as well and I have some ideas but wanted to get your opinions on my case as described below:
My H1B is maxing out (and has the expiry date) on 05/28/2021.
Due to the current travel restrictions and since my Perm (PD: 10/08/20) was about to get approved, my employer decided to file for a COS to H4 against my wife’s independent H1B (which is currently valid till 09/30/21). We filed for H4 COS (i539) on 05/17/21 with an effective date of 05/20/21 in order to keep 8 days in my current H1B and I am continuing to stay in USA on Leave Without Pay from 05/20/21.
Soon after filing the i539 my wife’s employer (we both have the same employer) filed for her extension as well to extend her H1B till 02/28/22. We are not sure if they included the relevant information about the COS or not but so far USCIS, in all probability, has 2 applications - the COS to H4 for me and my wife’s H1B extension.
Now, in the meantime, my perm got approved and my employer is filing my i140 in premium and when the i140 gets approved, they’ll be filing an extension (also on premium) of my H1B since I have kept 8 days in there.
– Question: since my H4 application will be pending at the time this H1B extension request, are there any complications?
Also, I’m planning to request the attorneys to include a memo justifying the causes for the H4 in the first place stating travel restrictions due to pandemic which is the primary reason we opted against going out of the country at this time.
- Also, during the above extension filing for me, I’m planning to apply for my wife’s H4+EAD based on my i140 approval.
– Question: We are planning to do this because, as I stated above, my wife’s H1B is currently valid till 09/30/21 and they already filed for an extension of the same till 02/28/22 (her maxout) but her PERM process has just recently started and there’s no chance of her i140 to get approved in time. So, applying for her H4+EAD along with my extension (which is being filed in premium) might get her H4+EAD faster and she can continue to work based on her EAD. But the problem is from USCIS perspective, at that point, there’ll be too many applications:
My H4 based on my wife’s H1B
My wife’s H1B extension of her original H1B
My H1B extension of my original H1B against approved i140 where I’m planning to request for my wife’s H4 and EAD as well!
Given the above scenario and also the fact that right now traveling to India is not that good an option due to travel restrictions, is there anything that we can do to streamline this process or make it a little less complicated? Also, in case I get an RFE due to my H4 COS pending at the time of H1B extension, what options do I have?