Q121 I am currently on H1B. This is my third H1, although I did not join one of the companies I got my H1b from. I came on H1 on Nov. 15, 1998. so I am about to finish my 4 years on H1B. I have been on my current H1B for 10 months.
I have following questions.
1. How many H1's can an individual get? Is there a limit and is it bad for GC process?
2. I have heard there is a limit of 6 years. But I am not sure if it is with respect a company's H1 or the total time spent on H1B in US?
3. I have started my GC process. If I don't get my GC approved by the end of 6 years, will I have to leave this country? And is there a stage at which my processing should be, at the end of 6 years, for me to continue staying here?
A121 1) NO limit. No effect on GC
2) 6 years for you. Read the FAQ.
3) You may continue to stay after you file Form I-485. Also read the questions and answers below:
Q. Does the law permit extensions beyond 6 years for H-1?
A. Yes. Indefinite H-1 extensions in one-year increments can be obtained, if the I-140 (or I-485) was filed and the green card process was started a year ago. The GC process is started for:
- Labor Certification based cases; when the labor certification is officially filed with the local office (SESA); and
-EB-1 and National Interest Waiver cases; when the I-140 is officially filed withe USCIS.
Q. So we cannot extend an H-1 for the 7th year if we have not arrived at the I-140 stage?(The Question might be IF GC process not started or it might be with regard to EB1 and NIW where no labor certification exists)
A. No. We cannot.
Q. Can we extend the H-1 for 7th year, if I had an approval of I-140 from an earlier employer?
A. Yes, if the earlier green card was started a year ago, you can take advantage of the I-140 of another employer also.
