Question regarding H1B limit and GC

S

Sanjay The Jain

New Member
Hello,

My H1B 6 year limit expires in February 2002. I am switching companies (offer accepted today) and they are starting the H1B transfer process
at the end of this week. They have agreed to do GC, but not until June of next year.

Can I stay in the US and work for them past February 2002? How does this work? I have heard that so long as the application has
been filed, I can stay.

I am not familiar with GC technical terms, so if someone can explain this to me in laymans\' terms, that would be magic.

Thanks
SRJ
 
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I had a similar question, but it seems like you have to do some research and put up the precise question here before you can expect an answer. Good Luck.
 
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Let\'s start at the beginning.

There are three steps to the Green Card process (in most cases, sometimes you can skip the first step but let\'s ignore that). The steps are:

1. File a Labor Certification (LC)with Department of Labor;
2. After the LC is approved, file an I-140 with INS;
3. After the I-140 is approved submit an I-485 to INS when your priority date is current. That means, in your case, you need to have an LC filed with Department of Labor before February, 2001.

Jim
 Under the new law, you can extend your H-1 visa status year by year beyond the 6 year limit if your LC was filed more than 365 days prior the extension of your H-1.
 
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There is only one additional caveat, but potentially crucial one.
The I-140 application should have been filed. Only then does the
365-day post-labour filing calculation kick in. If you could not
file the I-140 petition by Feb 2001, then the H-1 statute of limitation will apply.

Not a lawyer, but an interested party,
-Prasad Iyer
 
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I don\'t think so. I think there is no requirement of I-140 to be filed. INS just released its understanding of the new AC21 law. In which INS clearly mentions that if the priority date is 365 days old the person could be given 1 year extension of H1B status.

goto following link and take look at Q14.

http://isn.unices.org/news/20001129085850.html
 
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I am doing the same and my h1b will expire on feb 2002, but I accepted another job and they told me they are going to file LC right away, as soon as I start working for them.
My question is, why did your employer told you to wait until June 2001, is there any restriction?

Can my employer file right away?
 
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