7th year extension without 1 yr GC process?

L

LateLatifa

New Member
Hello,
I haven't started my GC process yet, and my 6th year of h1b expires in Oct of this year. I might get a couple of months' worth of extension because of I was out of the US for about 2 months last year and hence technically not on my h1b at that point, but that's it. Even if everything is now done at lightning speed, I can't apply for a 7th year extension saying that my GC application started a year before my h1b expired.

Is there any other way to get an extension? If not, what are my options? If I have to leave the US for a year and decide to come back later, is this GC process still valid? And when exactly can I re-enter the country? Do I use a fresh h1b or this GC?

Thanks in advance to anyone who can shed some light on this matter. Really appreciate your help!
 
Option you have is getting pre-approved labor whose PD is older than 365 days or leave the US for a few months after you file PERM if your employer allowed.
I do not recommend the 1st option.
 
Thanks!

So if I go to India again, I'm technically "saving up" my h1b days? The number of days I'm short of a year is how long I have to be out of the country to meet the 365 day requirement?
 
Let's assume your H1 is expired 200 days from now. You apply for LC today, and you will be 165 days short to satisfy 7th year ext. requirement. Stay out of the US for more than 165 days, and next time you come back and reclaim 165 days absence with extension. Your LC will be 365 days pending upon H1 expiration(new expiration date after you extended 165 days).
YOu should come up with how long you need to stay away based on your circumstances.

But employer needs to agree that you leave such a long time, otherwise this does not work.

And remember you need to run ad for PERM and you need a few weeks of buffer time to file LC.
 
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