Krishna Chaitanya Tripuramallu
1d
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.
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