H1-B to Green Card Application (Currently on B-2)

Pratik Panchal

New Member
Hi Rajiv ji and everyone,

My employer filed my PERM on December 4th, 2020 and my H1-B extension expired on December 17th, 2020. I changed my status to B-2 visa so I can legally stay in the United States (B-2 application is still processing to be approved). When I filed my I-539 (extent nonimmigrant status) application, I sent a letter to the USCIS along with my B-2 application. Please see the letter below:

"Dear Sir or Madam:

My name is Pratik Panchal am currently in the United States on an H-1 Nonimmigrant Classification working for DMK U.S.A in the speciality occupation position of Mechanical Engineer. MY H1-B Nonimmigratn Classification expires on December 17, 2020.
My plan was to return to India when my H1-B expired, but I am unable to do so at this time due to the pandemic since international flights into India are restricted until December 31, 2020. Therefore, I am requesting to change my status to B-2. My plan is to leave for India on or about February 15 when hopefully the number of Coranovirus cases will be more controlled, and regularly scheduled flight to India will be resumed.
Therefor, I request that my change of status from H1-B to B-2 be approved.

Pratik Panchal"

Do you think I should still go back to India because of the letter was sent with my B-2 application? Do you think my PERM application might get rejected because I am still in the US? And if I still stay in the country when my PERM is approved, will my I-140 and new H1-B application have any issues? My employer will file my 1-140 and the new H1-B via premium processing.

To be quite honest, I don't feel comfortable taking the risk to travel because if something goes wrong with my PERM application then I will be stuck in India and it will be extermely difficult for me to return to the US and that could potentially lead to the end of my career in the US. Moreover, also with the current covid conditions we are experiencing right now, I don't feel traveling and risking the health of others around me. I have my sister's wedding on February 28th in India but am willing to sacrifice that.

Last question: I do stock trading sometimes and invest in stock market. Because of the current situation, do you think I should stop investing/trading until my new H1-B get approved?

Thank you so much for your help. I will appreciate it.

Thank you,
Pratik Panchal