doubt on filing a labour

[priya_2005]

Hi

I have been in US since 2001 march through an Indian company. Recently I changed my employer and got the h1 visa and I 94 valid till july 2008( last extension for 6 year limit). I have been to India 2 times inbetween for vacation for 2 1/2 -3 months.

I have to start my GC process.Well known that the labour has to be filed 365 days before for applying further extension.In my case though the 5th year ends on march 2006 ,I have the current h1 visa valid till july 2008. Should I file GC before march 2006 or march 2007 or july 2007( based on the latest visa period) for further extensions.Your advise is appreciated.

 

[lookingintoit]

The response and suggestions mentioned in this post is sheerly my opinion and I advise you to take professional opinion before continuing.

Re: H-1B
If your H-1B visa (or H4, L1 etc altogether) makes upto 6 years on March 2007, prepare to leave USA on that date unless you have an outstanding Greencard application. The validity on your current visa status, your I-94 do not help you stay for more than 6 years.

The current H-1B should only be given till March 2007. It is a mistake on the part of INS (this particular mistake happens several times with INS) and we are not suppose to take any advantage of their mistakes.

Labor (PERM and I-140):
You can extend your H-1B beyond 6 years, only if your Labor(now PERM) application is outstanding for more than 365 days. If the PERM is certified, you cannot extend your H-1B on the basis of PERM. Since it is taking approximately 2 months for PERM, I see no chance for you to extend on PERM.

Nevertheless, you can extend your H-1B in 3 year terms once your I-140 gets approved (according to AC21). So, I urge you to apply for PERM and get your I-140 approved. The total process should roughly take 16 months at worst. So, get started on it. Once your I-140 is approved, you can extend your H-1B unconditionally till you get your Greencard, provided your green card application is not denied at any stage later on.

Hope this helps!

Hi

I have been in US since 2001 march through an Indian company. Recently I changed my employer and got the h1 visa and I 94 valid till july 2008( last extension for 6 year limit). I have been to India 2 times inbetween for vacation for 2 1/2 -3 months.

I have to start my GC process.Well known that the labour has to be filed 365 days before for applying further extension.In my case though the 5th year ends on march 2006 ,I have the current h1 visa valid till july 2008. Should I file GC before march 2006 or march 2007 or july 2007( based on the latest visa period) for further extensions.Your advise is appreciated.