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Question

I'm an Indian citizen with Indian Passport who came to the USA on my H1B visa on 11/24/2014.My max out period on H1B as per latest I797 is 3/29/2021 (I-94 is 4/8/2021).I have a 10 year B1 Visa which is also expiring on 3/13/2021.My employer XYZ has initiated my PERM process on 3/25/2020 and sofar PWD is done checking the labor market,most probably they would file my case with DOL after 11/15/2020.My wife and two sons are on H4 visa.Due to present conditions the DOL is taking 5-6 months for PERM approval. Hence, it is obvious that we might leave USA before 3/29/2021.Questions are 1.Can we stay legally in USA beyond my I94 date? If yes what is the procedure? 2.Now my elder son in 12th Gr. might loose the academic year in case if we move out of USA before 3/29/2021 what options available for his stay in USA?School Principal said that in case if my children miss the classes their high school diploma shall not be given and it is a very huge impact for them in their college admission&career 3.Because my PERM is getting delayed also due to Covid 19 restrictions, do you know whether DOL is going to extend the stay for non-immigrant workers like us to come out of their pathetic situation?

User's Location: Fremont, Alabama, United States of America

Category: Employment-based Green Card