Do I have enough time to get a green card???

P

pengo

Member
Folks,
I want to pose this simple question to all you experienced folks out there.
I have about 1 year and 1 month left in my H1B validity. I fall under the Atlanta DOL for labor processing and Dallas INS for 140/485. Can I apply for a green card now and still get it? If i apply now what do I have to do before my H1B expires so that I can continue to stay back here in the US, continue working, and join you patient folks in the long long wait.

Please do advise as I am making decisions whether I need to return to my home country, India, for good as I personally feel I have run out of time. :( :confused:

Thank you,

Hobbes
 
U should apply for LC immediatelly! You can extend your H1B past 6 year limit only if LC has been pending for approval for more than 365 days.

Good luck.
 
File Non-RIR immediately

I would suggest you file under Non-RIR (regular) category instead of RIR because it would take the lawyer ~2-3 months to prepare for RIR filing and you would then not qualify for the 7th year H1B extension.

My suggestion is to immediately file your labor under Non-RIR before the 12 month expiry of your H1B so that by the time your H1B expires, you would qualify for extension.

You can always change your labor to RIR at a later date & still retain your priority date.

Good Luck.

titu
 
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