You can apply for an 8th year extension if an appeal is filed on the denied perm. Otherwise your I-140 needs to be approved as the new perm was not applies 12 months before your expiry of the H-1. You can apply for change of status anytime before the expiry of your H-1.
H1B – Entered US in 12/2016 H1B – 02/2023 (Max out capturing all the exits) Perm filed in 11/2021 Perm got audited in 06/2022 Perm audit response filed in 06/2022 7th Year H1B extension based on PERM status was filed in 02/2023 and H1B extension got approved until 02/2024 Later when we were about to file for 8th Year extension, I got to know from my employer attorney that my perm got denied and I was informed end of 09/2023 Due to the long delay for the audit response, My employer started a new PERM process for me in 2023, they filed a new Perm application in 12/2023. I am primarily concerned about my 8th year extension, what are my options to maintain legal status. My employer attorney told us we can still go for an 8th year extension and they will submit all the necessary documents to clarify the denial was due to system error as they have all the evidence to prove that. I want to maintain legal status and also as I have family dependency here, I might not be able to exit immediately if the extension gets denied. Here are a few options I am thinking of and need clarification and the best possible solution to maintain legal status. 1. Can I still go for an 8th extension based on my employer attorney’s suggestion though my old PERM is denied? 2. If I go for regular processing of H1 extension, Is it legal to continue work as my I94 expires on 02/2024, how long can I still continue to work? 3. If I try premium processing/regular processing and in the worst case if the extension is denied, can I convert to H4 immediately as my wife is on H1B visa? 4. Based on i94 expiry, when is the earliest I need to apply H4 if I have to legally continue to stay here in US
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