Can I apply for GC when my H1 Visa expires in 6 months?

K

korvaaa

Registered Users (C)
Hello,


I am on the 6th year of H1B and the visa expires in FEB 2008.
I've applied LC before (EB2, 2005) from the other company, but, then I changed my job.

My company(or affiliated lawyer) said last week that I don't have enough time left to apply for green card, but I am trying to pursuade them saying it could be possible.

This morning, I talked with my department head and he said, if I can bring whatever information which shows that my case can be handled within this time frame, then, company will willingly process my case.

Therefore, I would like to ask you to share any information you have - if you were in similar situation or you (as a lawyer) handled similar case. So far, I've found that I can extend the 6 year limit by getting I-104 approval under AC21 104(c) (I am not sure this is outdated info).

I am going to send this link to my company once I get your responses.

Thanks for reading and I appreciate your help,

Korvaaa
 
At this moment, 104(c) will work, but 6months is VERY tight.

You may be able get 1 year extension based on LC your previous employer filed if it was not cancelled nor substituted.
 
Hi GotPR,

I called my previous company and found out that my LC had been withdrawn.
Looks like I have no choice. Does anyone know a way to further extend?
 
If your LC is no longer valid, you have no choice other than 104(c). You have to file PERM as soon as possible and file I-140 in premium process subsequently. If you are lucky enough that your retrogression is over in this October, you can file I485. In this case, you lose 3 year H1 extension ability, but you can stay in the US as long as I485 is pending.
 
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