Beginning green card process

P

prerak

New Member
Hi,

I have a b.s. in computer science and I just got my h1 starting oct. 2005. I was all set to file for my PERM and then I-140 and I-485, but due to the retrogession I am totally confused. If I get my perm and I-140 approved, and if i cannot file for my i-485 for next 6 years my h1 would expire. Should I go back to school for master's and not waste my h1? Or would I be able to atleast get a EAD before my h1 expires. Please suggest me.

Thanks.
 
You can apply for the LC and I-140 once thats approved. You CAN NOT get an EAD or AP until you can file the I-485 . Those benefits are only conferred from the I-485. But you can get your H-1B extended year by year after the 6 years and thats because by then you will have a LC thats at least 1 year old.
 
repyu

Isnt 6 + 1 yr of extension, the maximum amount of time h1 visa is valid? If not how many times can i renew the h1 visa.

Thanks for the earlier reply.
 
From what I see it looks indefinate; some here are on their 8th year extensions. After the 6th year they apply yearly for extension. It's all based on having a LC pending for a year before extension. I am not to sure how it all works specifcally though.
 
Last edited by a moderator:
After 140 is approved, if you're about to run out of H1 time (6 years) there is a provision under AC-21 to apply for H1 extension for 3 years at a time.

It has not been used much until now but the recent retrogressions might cause this to be used for a lot of folks from India/China.

But point worth noting is that you're still continuning with that same company and any change in job situation during this extended period can be detremental and unpredictable as for the outcomes in getting GC

-Ram
 
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