Immigration Issues/H1 B 6th year,


Hi, I am in my H1B 6th year and will expire in June,30 2010.

My perm is just started and will be applied in Jan,2010.
What are my chances to continue after my H1-B expired as my perm will not finish the 365 days validity.
I have a project even after my H1-B expiry, my client has told me to get in any way either H1B extension or other ways.

My question :

1) Can I get B1 immediately after my H1-B expiry, then come into USA and continue in the project? (My client will provide all the documentation to work on B1.) He wants me in USA for this project which will be there till end of 2011.

2) Can I apply new H1B in this 2009 CAP, if yes, do I need to go out side USA and apply new H1, so that I will get the new 6th year H1 - while I am on B1, Can apply the new H1?
It is highly appreciable for your suggestion


Eileen Chun-Fruto, Los Angeles immigration attorney writes:

Dear Navsar,

I wish I had a crystal ball so I could tell you what are your chances at getting your PERM approved before your 6th year H-1B expires.  It's very hard to tell with DOL delays, but generally, PERMs are taking about 1 year without audit for certification.  If you are audited, it is almost guaranteed that your PERM will be delayed another year.

As far as getting a B-1, the USCIS is very skeptical of H-1B to B-1 changes of status, it just smells of continued employment, but if you can give a good reason and the CIS believes it, it is possible.  However, if you are telling me that you want to work on your project on a B-1, you should be advised that is illegal.

Finally, you cannot apply for a new H-1B via the 2009 cap since you have to be physically out of the country before you can apply for a new 6 year term of H-1B.  

Very sorry this is all bad news, but it is the reality.

Good luck,
Eileen Chun-Fruto

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Eileen Chun-Fruto


I can answer any employment-based immigration question including questions about PERM labor certifications, H-1B skilled workers, L-1A multinational managers or executives and L-1B specialized knowledge, R-1 and I-360 religious workers, investor cases (E Treaty Trader and E Treaty Investors and EB-5 "million dollar investors") and O-1 extraordinary ability cases. I can also answer any questions regarding family-based immigration, such as adoptions, waiver cases, consular processing (using foreign consulates to enter as an immigrant), marriage and fiance/fiancee cases, 245(i) cases, VAWA (Violence Against Women's Act), battered spouses, and Child Status Protection Act (CSPA).


I have over 12 years of experience in business and family immigration. I was a former law clerk for the Executive Officer for Immigration Review (the immigration courts) in San Francisco and I current serve as the California Service Center's (CSC) liaison on behalf of the Los Angeles County Bar Association. I represent individuals and corporations alike, ranging from professionals in the high tech, science, liberal arts fields. I have a special niche in working with start-up companies and individuals with more complex immigration issues.

Member, American Immigration Lawyers Association Member, Los Angeles County Bar Association, Executive Committee on Immigration

J.D., University of California at Davis - King Hall School of Law (1997) B.A., University of California at Irvine, cum laude (1994)

Awards and Honors
2005, 2006, 2007, 2008: Selected to Southern California Rising Star - Super Lawyers List (an honor shared by no more than 2.5% of the attorneys practicing in the entire Southern California region) Faculty/Moderator on various AILA and LACBA continuing legal education seminars in the following topics: H-1B, O-1, religious workers, business immigration visas

Past/Present Clients
My typical business clients can range from a start-up company, established engineering and software research and development companies, manufacturing, trade and distribution companies, public and private schools, and religious organizations. Family clients include spouses, parent-child petitions, siblings, naturalization, and most especially, representation of abandoned and neglected children viewed as orphans under the immigration law. I have represented many clients who relied on special provisions of the immigration law to preserve or "grandfather" benefits to family members in limited (and complicated) circumstances, to avoid re-application fees and longer waiting times.

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