6th Year on H1-B still to file for GC, what are my options

S

sohanpreet

Registered Users (C)
Hello All,

I have been on H1-B since Oct'98 and will be completing my 6th in Oct;04 but have not filed for my GC as the companies i worked for never offered one, the current employer is offering one but i want to find out if i would be elgible to stay in US after my six year limit expires or i have to leave US.

Please advise. If there is a good lawyer who reads this posting please contact me.

I would be more then happy to work with you, Rajiv khanna was the law firm i used for my last two h-1 and he persoanlly seems to be very fine humanbeing but his staff seems to be over loaded with work and hence i am seeking some one who can work with me to pull this off.

Sohanpreet
 
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Depends on where you are, if you are located in one of the faster states where the processing happens with 10 months or so, you may start at the earliest and file for 140/485 (concurrent) and still keep extending your H1 visa till you get your GC.

001

Originally posted by sohanpreet
Hello All,

I have been on H1-B since Oct'98 and will be completing my 6th in Oct;04 but have not filed for my GC as the companies i worked for never offered one, the current employer is offering one but i want to find out if i would be elgible to stay in US after my six year limit expires or i have to leave US.

Please advise. If there is a good lawyer who reads this posting please contact me on gcblues@jaspreet.org.

I would be more then happy to work with you, Rajiv khanna was the law firm i used for my last two h-1 and he persoanlly seems to be very fine humanbeing but his staff seems to be over loaded with work and hence i am seeking some one who can work with me to pull this off.

Sohanpreet
408 690 3215
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Re: Re: 6th Year on H1-B still to file for GC, what are my options

Not currently, but if PERM gets implemented you may stand a chance, not otherwise (unless some miracle happens and SESA and DOL work very fast to remove the backlogs).

I think you should still file the labour ASAP and then probably go out of US for a couple of months (after 6 years of H1) and come back on the extension (I am not sure it will work, but worth a try - talk to your lawyers), otherwise if your company has a branch in Canada or somewhere, you may work for one year from that office and then return to US (your GC need not be restarted - that will continue to be processed).


001
Originally posted by sohanpreet
Thanks for the update..

I am in california. do you think i stand a chance.
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Thanks for you update, it's really very helpfull..

Btw, my wife is also on H1-B and her limit expires in Jan;06 as she came later then me, can i convert myself to H4 and wait in US till my GC get's approved or i have to leave US and then come back.

Your response would be really appreciated.

Sohan.
 
Re: Re: 6th Year on H1-B still to file for GC, what are my options

Not sure, I have heard conflicting advice on possibilities of converting to H4/F1 after 6 years - talk to your immigration specialist for accurate legal advice on this topic. BTW: You need not stay out till you get your GC, after 1 year you can again file for a new H1 which will reset your 6 year counter.

001
Originally posted by sohanpreet
Thanks for you update, it's really very helpfull..

Btw, my wife is also on H1-B and her limit expires in Jan;06 as she came later then me, can i convert myself to H4 and wait in US till my GC get's approved or i have to leave US and then come back.

Your response would be really appreciated.

Sohan.
Click to expand...
 
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