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far, I've found that I can extend the 6 year limit by getting I-104 approval under AC21 104(c) (I am not sure this is outdated info).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
 
Since you already applied for LC in February 2005, why don't you persue that GC trail?

You can still file the PERM LC and I-140 thereafter. You become eligible to extend your H-1B only if the I-140 gets approved before you reach your 6-year limit. Now, the premium processing for I-140 is suspended till further notice ... this makes the chances of getting I-140 approval very slim.

The PERM processing will involve advertisement (~ 3 months) and processing (~1 to 2 months) - the latter will vary and case specific. What are the odds that I-140 premium processing may be re-instated by then?
 
korvaaa said:
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far, I've found that I can extend the 6 year limit by getting I-104 approval under AC21 104(c) (I am not sure this is outdated info).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
Click to expand...

Do you have the proof that your LC was filed in 2005 from previous company? If yes, then you can get 7th year extension based on that. If you do not have that proof, you can ask your previous employer for that. At the same time, ask your present company to file new LC. When time comes for 8th year extension (in 2010), you can get that based on the new LC that you are going to file from existing employer.
If by that time you get your 140 approved, then you can get 3 year H1 extension, otherwise you can keep getting 1 year H1 extensions.

BTW, most (99%) of the responses in this forum are provided by other users, just like you and not the lawyers. If you want response from the Law office of Rajiv Khanna, you can setup a paid consultation with them by calling their number listed on immigration.com.
 
Hi EricS,

Thanks for the information.

What would be the proof for LC? The application receipt notice? I called my previous company and found out that my LC had been withdrawn after I quit the job. How does the fact that I've applied LC affect my visa extension?
 
korvaaa said:
Hi EricS,

Thanks for the information.

What would be the proof for LC? The application receipt notice? I called my previous company and found out that my LC had been withdrawn after I quit the job. How does the fact that I've applied LC affect my visa extension?
Click to expand...

If that LC has been withdrawn, then I think you cannot use it for extension (make sure with your lawyer though). You will have to go with the solution as mentioned in reply #2 (manwithnoname). So do the new LC filing and hope the premium processing of 140 comes back. Best of luck!
 
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