Comunidad

H-1B max-out calculation while H-4 COS is pending and options for future extensions
Hi everyone, I’m looking for guidance from anyone who has been in a similar situation. My situation: * I was working on H-1B, and my employment ended on January 14, 2026. * I filed an H-4 change of status within my 60-day grace period because my wife is maintaining H-1B status. * My H-4 COS is still pending, and I currently only have the receipt notice. * Before leaving my H-1B job, my estimated six-year H-1B max-out date was December 14, 2027. * I do not have an approved PERM or I-140. I am trying to understand the following: 1. Does my H-1B six-year clock stop from my last day of employment, from the end of the 60-day grace period, or only after the H-4 COS is approved? 2. Is the unused H-1B time preserved while my H-4 COS remains pending? 3. If I find a sponsoring employer, can they file an H-1B change of status while my H-4 COS is pending? Would I need to wait for approval before starting work? 4. For a one-year H-1B extension beyond the six-year limit, must the PERM be filed at least 365 days before my recalculated max-out date? 5. Apart from PERM/I-140 and recapturing time spent outside the United States, are there any other legitimate ways to preserve or extend my H-1B time? I understand that answers may depend on the specific case and that I need advice from an immigration attorney. I’m mainly looking for experiences from people who went through a pending H-4 COS and later returned to H-1B. Thank you.
Comentarios
Filed Vawa Application under Stepchild of a US citizen that never filed for me.
Thoughts and opinions on my filing? My lawyer decided to file only my VAWA I-360 at first. I had to ask him to also file my I-765 because I really needed work authorization. He did not file my I-485 with the initial package. I was able to complete biometrics for both filings, and later USCIS sent me an RFE, which I responded to. Now I’m patiently waiting for a final decision. I’ve been reading other people’s experiences, and it seems like many lawyers file the I-360, I-485, and I-765 together. It has me wondering if anyone else’s attorney handled their case the way mine did. If your lawyer filed only the I-360 (or the I-360 and I-765 without the I-485), I’d really appreciate hearing about your experience. How did your case progress? Were you eventually approved for your EAD, and how long did it take? I’m staying hopeful and praying that my EAD is approved as soon as possible. I know we’re all facing different immigration hardships right now, and the waiting can be overwhelming. But I truly believe that God shows up exactly when we need Him most often when we least expect it and at what feels like the very last hour. Just when you’re about to give up, He makes a way. So don’t lose hope. Keep praying, keep believing, and keep moving forward. Your breakthrough may be closer than you think. We’re all in this together, and I’m praying that each of us receives good news soon. Stay strong and keep the faith. ❤️🙏

All other applications for employment authorization

Días totales: 355 días
Case
2025-08-15
Today
I-360
355 días
I-765
355 días
Nebraska Service Center: I-360, I-765
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