H1B into 6th year-any chance for GC?

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lost2000

Registered Users (C)
My situation: H1B holder into 6th year, visa expiring Jan 2007.

-Arrived in US on 1998 to complete BS degree studies.
-Graduated 2000 - started working w/ current company since.
-Company recently given me final answer that they are not able to file for Labor Cert with my current position w/ them.
-The company attorney told me they can't and no other employer can help me file for GC application. I must leave country when visa expires in Jan 2007.

I recently met a contracting company (small biz) that is willing to sponsor for my GC. I am not familiar with the process for GC application, and have only gotten my info from the company's attorney. And in the end they told me they can's help me with my GC app. My question is, with my visa ending in Jan 2007, will these contracting company be able to help me with my GC application if I join them?

If possible, what is the latest date for me to join this new company?

Appreciate any insight any can share with me.
 
lost2000 said:
My question is, with my visa ending in Jan 2007, will these contracting company be able to help me with my GC application if I join them?
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I would not say it is impossible, but schedule is VERY tight. YOu need to file PERM to obtain labor certificate first. To do this, company neds to run ad for 2 months or so, then you are able to file PERM. PERM may be approved quick. Let's assume it is approved in 2 months. Then, you apply I-140, which may be approved in 4 month, unless you or your company have any issue. Then total 8 months, right before H1 expiraion. If you are from India or china, or on EB3 category from other countries, you can not file I485, therefore you are allowed to get 3 years extension with your H1, and you can keep your GC journey with valid H1.
However, this is the case you do not face any problem. If company is small, CIS may ask for the proof that company can pay your salary, which may delay your I140 approval and if it's delayed and I140 was not made by H1 expiraion, you can not extend H1.
So, it is VERY tight schedule without buffer time. You should talk to lawyer as soon as possible and need to make a decision real quick.
 
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GotPR, thank you for your answeing my question.

Actually I have already talked with my company this week - and due to the nature of the job I am currently in, the manager replied me today though they are not unwilling, they are just not able to support me financially as a contractor in my current position.
I understand where timing is tight - and it just seems that timing has never been on my side, even till today.

I believe right now my options are:
1) find a contract position open within current company asap
2) find another employer that sees the need for my skills/service

and I am truly running out of the ideal 8mos. time lapse that you have given in the scenario. Also - I am from Malaysia - does that make a difference in my application?

Once again, thank you!
lost 2000 - still lost
 
lost2000 said:
I am from Malaysia - does that make a difference in my application?
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OK, it can make some difference IF you are on EB2(if you are on EB3, you stil need I140 approval before H1 expiration). If you are on EB2, after your LC is approved, you can file I140 and I485 together, therefore, you can stay based on AOS pending, and can work once you got EAD.

Question is if you are qualified for EB2 or not... you got BS, so if you have more than 5 years experience, you have high chance to go forward with GC process.
 
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GotPR, again, thank you for your response.

I don't think I qualify for EB2 - though I have 5 years experience as a BA - I do not have any prestigious awards or belong to any prof society at this point.


Up till today, my company still say they can't go with the LC application - I think they said my position can be filled easily by any Americans. Then I suggested what if I work on same job as contractor - they came back and said there's no $$$ for a contract position - gggrrrr... I suppose I can't really get my own attorney to do anything since the company only uses the corporate attornet for all their legal matters, am I right? Am I thinking straight here that my only option left is to find a new employer? and I'm just afraid I don't have that kind of time to find someone who will be willing to hire me at this time...
 
lost2000 said:
I have decided to concentrate on finding a new job.
Thank you for all your advises GotPR?
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Good luck.
LC + 140 does not take long to be approved nowaday if thing goes well. If you approach 6 year limit without I140 approval, try to ask employer for unpaid vacation and stay out of the US til I140 is approved. Then you come back and recapture the time you stay out of the US, and you will be 3 years extension.
 
Got PR?

I thought if after I ever do land on a new job, and the process was still going on when visa is up, I'd just hv to leave the country and forget abt the GC. Wow - your advise here just gave me LIGHT at the end of the tunnel.

I can sure take a vacation and return home - after all, I haven't left this country since I arrived in 1998...

Thank you for the great advise. If I ever landed a new job, and things starts unfolding, I will let you know.

Thank you again!!!!
 
Max period for H1 is 6 years, but if you stay out of the US, that period is not counted toward 6 years.
Let's say your H1 is valid til Jan 2007, and your I140 is not approved as of Nov 2006. THen you decide to go on unpaid vacation (company allows), and stay out of the US. Let's say I140 is approved in Feb 2007, then you come back as you stil have 2 more months for H1 because you left the US in Nov 2006, despite your H1 is valid til Jan 2007. (your company may need to file extension for these 2 months to let you come back, and you may need to get H1 stamp to enter the US). Then as your I140 is approved, and your PD is retrogressed, you can have 3 more years with H1.
you can arrange above example for your favor.
Important thing is you need to keep very good relationship with company so that company allows you to do that.
Good luck for job huntings.
 
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Got PR?
That is great news to me. I will be more frantic in searching for contracting positions then. Currently I have a small consulting firm that is willing to help me, it's just that I have not been able to find a client. Once I find a contract position that accepts the 'corp-to-corp' or find a job with this small consulting firm, I suppose I can take a slower breath... Right now things are kinda very stressful as I'm frantically looking for that new job opportunity.
I think if I stick with this small consulting company, me leaving the country for a few months as you suggested will not be a problem - the boss truly wanted to help me compare to current manager. I have confident that will work with them.

So now, I definitely will focus on my job searching. Just that when people hear that you are on H1B and into the 6th year, they all tend to back away real quickly... sigh...
But I won't give up! You have given me lots to have HOPE!

I truly appreciate all your insights! Thank You!!!
 
Can company with one employee file EB2?

GotPR,
Please let me know if a company with only one employee can file greencard through EB2. What are the papers they have to show for ability to pay,other than my pay slips?

Thanks a lot.
 
GotPR, Wanted to let you know I have recently have luck with a recruiting firm - they have me onboard working as full-time contractor with them. I started my first assignment today. Work as a contractor is truly different from a full-time salaried employee, no doubt.

Thanks for all your advise. I hope to be able to tell you when the GC process gets kick off. Right now my H1 transfer is all taken care of already. Again, Thank YOU!
 
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