What happens if my employer is unable to file my H1B extension before 6th year end

I’m on H1B visa, getting exhausted 6 years (including recapture time out of the country) on 31st December 2019.

My employer has filed my GC, Perm approval expected next week and then I’m planning to file I-140 in premium (expecting I-140 approval in the last week of October)

Also would like to mention that I have a medical condition and would not able to travel out of the country at least for 6 months. And my spouse is holding H1B visa(already I-140 approved).

Please guide me for the following questions-

  1. What happens if my employer is unable to file my H1B extension before 31st December 2019. Would I lose my chance of getting 7th-year H1B extension forever?

  2. If I file H1B to H4 change of status, what are the current processing timelines? What the chances of getting H4 approved before 31st December 2019, so that I save myself from exhausting H1B?

Hi Anil,
Please reply to my query, waiting for your response…thanks!

Hi @pallu

You can use your approved i140 anytime in future to file your H1B extension or transfer.

If you employer does not file and extension by your 6th year max out date, then you cannot stay in US.

You can file H4 COS application using your wife’s H1B but the processing time is currently more than 6 months.