H1 B- Green Card

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agdes21

New Member
Hello there,
This is my first post so please bear with me.
I got my First H1B in Dec 2003 and it was valid only for 2 years ( for reasons unknown to me). I came to US in May 2004 and in Dec 2005 applied for extention. My second H1 is valid till Oct 2008. I would like to know what is the last date I can apply for the GC? what stages need to be completed?

Also I am planning to move back to India for at least 6 months now. Is there anything like if I dont use the remaining year of H1B ( Oct 07-Oct08) , I dont need to wait for 1 year, like you have to do after staying on 6 years on H1?
 
agdes21 said:
Hello there,
This is my first post so please bear with me.
I got my First H1B in Dec 2003 and it was valid only for 2 years ( for reasons unknown to me). I came to US in May 2004 and in Dec 2005 applied for extention. My second H1 is valid till Oct 2008. I would like to know what is the last date I can apply for the GC? what stages need to be completed?
Click to expand...

There is no last date. You can apply for the GC whenever you want. However, applying sooner gets you certain benefits like H1 extension beyond 6 years, which will not be available to you if you apply when your 6 year time limit is nearing.

If your case is like that of most people, you will have to go through the labor certification, apply for I-140 and finally I-485 for yourself and any dependents (spouse, kids).

agdes21 said:
Also I am planning to move back to India for at least 6 months now. Is there anything like if I dont use the remaining year of H1B ( Oct 07-Oct08) , I dont need to wait for 1 year, like you have to do after staying on 6 years on H1?
Click to expand...

If you stay in India for one year, then your 6 year clock is reset. So you will be eligible for another 6 years on an H1B. Other than that, there is no other benefit. You can claim time spent outside the country to extend your visa beyond 6 years if you want. However, USCIS decides whether to grant that extension based on time spent outside.

Good luck.
 
Thanks for reply, however my apologies, I should have been more specific. Somebody told me that if GC is not applied before the end of 5th year of H1, I will have to go back to India for some time. However in my case, as my first H1B was only for 2 years, my 5th year end after 2nd renewal ( ie. Oct 2008) . So does the same rule apply to me? Will I have to go back to India if I appply after 1st Oct 2007 or it does not matter.
 
agdes21 said:
Thanks for reply, however my apologies, I should have been more specific. Somebody told me that if GC is not applied before the end of 5th year of H1, I will have to go back to India for some time. However in my case, as my first H1B was only for 2 years, my 5th year end after 2nd renewal ( ie. Oct 2008) . So does the same rule apply to me? Will I have to go back to India if I appply after 1st Oct 2007 or it does not matter.
Click to expand...


This link might be of use and addresses the question you have w.r.t extending H1B when your GC process has started.

Good luck.
 
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