That was what the attorney told me four months ago. However, he changed his story today and said that I will still be able to extend the H1 with the I140 approval, even after the H1 is maxed out by the end of this month. He mentioned that USCIS issued some kind of clarification on this issue.
-I have not seen the USCIS clarification your lawyer mentioned and I doubt there is such clarification because it is contradiction to the AC21.
In addition, I do not have the option to leave now and stop my H1 clock now. I just did that for two months and came back in January. However, when we tried to recapture the time I spent in China back in January, we received an RFE for the H1 extension. Apparently, the attorney made a mistake and recaptured about 3 months in between my OPT and H1 and USCIS is questioning this most recent request for extension. The attorney argued that by not responding to the RFE, we have an automatic extension to the end of this month. Long story short, I will not be able to recapture more time given my questionable status at this point.
Since premium processing is not available for the I539 to change to H4, is consulate processing to come back on H4 the only option left? Is this the only option to avoid confusion and complication as I plan to change back to H1 once the I140 is approved?
-You may just go to China to get the H-4 visa or just file I-539. Then, file I-485 and apply for the EAD to work.
Given the complexity of the case, I really appreciate any feedback you may share.
