My PERM is just being filed, it was delayed due to the prevailing wages delayed approval. My six years H1B max out by Sep30 2021, not sure if with current Covid situation it will be approved by then. I also have approved B1/B2 Visa until 2026 with the same company that filled my PERM. My question - Is it safe to change the status from H1B to B1/B2 as both are with the same company. With current timelines, I see the possibility of getting I-140 approved by Nov'2021 and after that they have to apply H1B extension again with approved I-140. During this process, can I change back from H1B to B1/B2 and back from B1/B2 to H1B?
Assuming that you have an acceptable reason to change status from H-1B to B-1 or B-2 status in the States, your plan may be possible – but note that the change of status application will likely still be pending at the time that you have the I-140 petition approved and your petitioner is putting up papers for your H-1B. At that point, USCIS will look to see whether the change of status request is approvable before deciding on whether to put you back into H-1B status without your having to leave the States. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
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