H1B expiring - Options to convert to H4 and then back to H1

S

sayh1buser

New Member
All,
Would really appreciate if I get a perspective on my case;
H1B visa expires Mar 8 2011
PERM in the process of being filed (filing date: May 15, 2010)
Was out of the country for 3 weeks during the tenure of 6 years
If my PERM is still pending and since the filing was done less than 365 days from the expiration of visa, can i do a COS to H4 (spouse is on h1) and after May 15 2011 convert it back to H1 to get a 1 year extension? I have seen this as an option being mentioned but it is not very clear whether it is feasible?
If this not possible should I leave the country Mar 9 and come back in with a 1 year H1 after May 15? (provided PERM is pending)

What is there is an Audit? Does that make any of these processes change?

Thanks a lot!
 
Hi I am also in same boat..I cannot leave my family in this condition so is this correct and best option. I got a reply in murthy forums that I can do this. My attorney says he needs to find out about this option. Please suggest.

Thanks
Shiva
 
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