H1B 5th year, enough time to start GC?

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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
 
the labor must be i n process atleast 1 year before ur h1 expires, then u can apply for extension!
thats what i have heard! andi just filed my labor thru perm, my h1 will expire in mar-2007, i guess i canapply for extension ...
 
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!
 
billycert said:
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!
Click to expand...

I think with approved i-140 you are eligible for the 3 years ext.

FYI, i got my seventh year extension with substitute labor and pending I-140
 
billycert said:
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
Click to expand...

You should start now so you could file before your 5th year completed.

Remember you need at least 2 months to prepare before file the application (usually 3 months)
 
Thanks eveyone here who responded to my question!

I heard that one can recapture time spent on oversea trip and delay the H1b expiration.

Anyone has the information of how to do that? Is it diffecult to achieve?

I spent more than 2 months total in the past 5 years, if I can recapture this back against the H1b, expiration, it would be a great help.

Please advise! Thanks in advance!

bill
 
billycert said:
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
Click to expand...

How do you know that you can file for I-140 and 485 together. Is it automatic if you are not from India. Or is there another requirement. The reason I ask is that I am not from India but I am already on my 5th year and I didn't apply for the PERM yet (just finish job posting). Maybe less than 100 people from my country apply per year. After I get approved for the LC can I file for I-140 and I-485 together as my H1 will expire in less then 365 days.
Thanks in advance!!!
 
Last edited by a moderator:
sanar said:
How do you know that you can file for I-140 and 485 together. Is it automatic if you are not from India. Or is there another requirement. The reason I ask is that I am not from India but I am already on my 5th year and I didn't apply for the PERM yet (just finish job posting). Maybe less than 100 people from my country apply per year. After I get approved for the LC can I file for I-140 and I-485 together as my H1 will expire in less then 365 days.
Thanks in advance!!!
Click to expand...

Don't dream so early :) The only condition for you to file I-140 and I-485 together IS
1) You MUST file EB2 labor (BS+5 year after BS, or MS+X year)
2) You got lucky to get your labor certified before the retro on EB2 (which is expected in the second half fical year 2006 = starting on April, 2006)

Even just only you from your country apply for GC, INS sees you the same as other people from the rest of the world (except those 4 countries).

You should pray that both above condition happened the same time, or you have to leave the US (or marry US citizen :)
 
billycert said:
Thanks eveyone here who responded to my question!

I heard that one can recapture time spent on oversea trip and delay the H1b expiration.

Anyone has the information of how to do that? Is it diffecult to achieve?

I spent more than 2 months total in the past 5 years, if I can recapture this back against the H1b, expiration, it would be a great help.

Please advise! Thanks in advance!

bill
Click to expand...

Ask your attorney. They could do another H1B extension to include those days.
 
newbies said:
Don't dream so early :) The only condition for you to file I-140 and I-485 together IS
1) You MUST file EB2 labor (BS+5 year after BS, or MS+X year)
2) You got lucky to get your labor certified before the retro on EB2 (which is expected in the second half fical year 2006 = starting on April, 2006)

Even just only you from your country apply for GC, INS sees you the same as other people from the rest of the world (except those 4 countries).

You should pray that both above condition happened the same time, or you have to leave the US (or marry US citizen :)
Click to expand...

Newbies, Thanks for responding!!!
I will not file as a EB2 as I have BS with 4 + 1/2 year programmer/analyst.
5 months short of the 5 years as a programmer. I worked 1 year 2 months as a director of operations under H1B. I have been working again as a programmer/analyst it's been 6 months and my new job is sponsoring my GC. I have been there for only 6 months but they started the process for me 2 months ago. Can we combine my two programmer/analyst jobs (4y 7months + 6months) total (5 yrs) and file for EB2 instead of filing for BS + 4y. ( I also started my master but I am not done yet).

Thanks again for all the help!!!
 
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