What a mess....

[jay86139]

Thanks for stopping by, this is the mess i am in right now.
my employer screw up big time on filing the perm for me and now my 6th years h1b will expied on 7/15/06.

my wife's 6th year h1b will expired on 9/25/06 and she is almost ready to submit the perm and of course she has no problem legally stay as long as filing the extension.

1.now, i figure i have been out of state for almost 4 months, i hope it means by i can recapture my h-1b time and should i try to do that PERM again?

2. Or, forget about the PERM and just become h-4? ( i dont like to work for the company now) when i need to apply my h-4? and what about her's h1b also expired soon?

any suggestion is welcome and of course i will not hold you for accountablity.

Thanks

 

[dsugandhi]

Thanks for stopping by, this is the mess i am in right now.
my employer screw up big time on filing the perm for me and now my 6th years h1b will expied on 7/15/06.

my wife's 6th year h1b will expired on 9/25/06 and she is almost ready to submit the perm and of course she has no problem legally stay as long as filing the extension.

1.now, i figure i have been out of state for almost 4 months, i hope it means by i can recapture my h-1b time and should i try to do that PERM again?

2. Or, forget about the PERM and just become h-4? ( i dont like to work for the company now) when i need to apply my h-4? and what about her's h1b also expired soon?

any suggestion is welcome and of course i will not hold you for accountablity.

Thanks

I am not sure will you or your wife will get an H1 extension because labor should be applied before 365 days of your 6th year H1 expiring date.

Make sure you don't cross 180 days out-of status limit other wise you would be subject to 3 or 10 years of bar depending upon number of days you were out-of-status.

My genuine advise is to hire a good immigration lawyer (Rajiv Khann is one of them) and discuss your situation ASAP.