H1B 5th year,enough time to start GC for extend H1b to 7th year?

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billycert

Registered Users (C)
I am near to the start of 5th year of my H1B, just a little over 1 year to my 6th year H1B expiration.

My company just recently agree to sponsor my green card application.

The problem is since I am from India, I can't file I140 & 485 jointly after I get the LC via PERM.

The question is if I start the process now, will I be able to extend my H1b to 7th year?

I got various answer from various source:

Some say, if I apply for the PERM then I140, if the filing date of the PERM is a year before the H1B, I will be able to extend H1B to 7th year.

Some say, I have to get I140 appoved and pending for 485 filing to be eligible to file 7th year extension.

I really need a certain answer to whether I will be able to extend my H1b by the time of 6th expiration, before I decide whether go ahead for green card process. Time is ticking for me.

Thanks in advance for your help!

Bill
 
If your PERM filing was more than 365 days before H1 expiration date, you are eligible for 7th year extension.
You should be aware of that your company needs ad before you file PERM and you need to take this time into account to see if you can file PERM in time.
 
Thanks for the reply!

What if I filed less than 365 days before my H1B expires, but by luck, if get the LC via Perm and pass the I140, but because of born in India, could not file 485, will I eligibal for 3 year extention because waiting to file 485?

Thanks in advance!
 
Unfortunately, approved I140 does not mean much.

Please read chapter 5 on page 7.
http://uscis.gov/graphics/lawsregs/handbook/H1B_092305.pdf

It says 7th year extension is possible, "if filing date of pending or approved labor certification, or a pending or approved EB immigration petition is 365 days or more prior to the requested employment start date on the H1 petition".

If you are short of a few weeks or so, you take time off, stay abroad , and recapture H1 time if compay allows.
 
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GotPR, Thank you so very much for your replies. They helped desperate me very much. Really appreciate your help!

Your guess is right. I maybe a few weeks short of this 365 requirement. I am not completely understand "recapture H1 time" part, could you please elaborate a bit on that?

My guess to "recapture H1 time" is it allows to add the time abroad back to extend the expiration day of my current H1b. I had spend totally over 2 months in my 2 H1b vias period upto now. Is it possible to add those time back to my H1b? If so please point me a direction of how?

Thanks again here in advance!

Bill
 
billycert said:
My guess to "recapture H1 time" is it allows to add the time abroad back to extend the expiration day of my current H1b. I had spend totally over 2 months in my 2 H1b vias period upto now. Is it possible to add those time back to my H1b? If so please point me a direction of how?
Bill
Click to expand...

That is correct.
please read page 4 and beyond.
http://www.immigrationportal.com/attachment.php?attachmentid=13453

You are certainly able to recapture, but one question is doing this with 2 successive petirion(2 month extension first, then 1 year extension) or 1 petition(1year+2month).
Since CIS memo in my another post says LC must be 365days old upon start date of new petition for 7th year extension, the two successive petition seems required, but you may talk to lawyer if you can try 1year and 2months at a shot to save money and time.
 
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