sssrams said:
Hi, i will be completeing my 6years of H1B in November(NOV 25th 2006) of this year. I havent filed for a green card yet, my employer is sayin if i apply under Perm process my I 140 cleared by augest. and i will be able to get an extension once its cleared. is that so? or the 365 days ahead policy applies no matter even if I-140 is approved.
what are my alternate options, since i have less than on year on my hands. is it a good idea to convert to F-1??, or immigrate to canada?? or apply under perm and wait???
please advise..the best alternative.
Thanks a lot.
I am in a similar situation as yours. Its a very short note given by your employer. You need to undergo the following:
1) Do the advertisements - will take 2 months and then wait for a month before ou can file for LC. Ads are very strict under PERM. So unless ur employer has done similar ads which you can re-use or unless they have a approved labor, it is going to take 3 months before you can even file ur LC
2) File for LC which could take upto 2 months, but I heard process has improved and people are getting LC approval under PERM close to 40 days.
So the above 2 steps alone will take 4 1/2 to 5 months before you can even file for ur I-140. I am not trying to disappoint you but this is the reality and I am in a similar situation as yours.
3) now with the latest change in centralization of USCIS service centers for fileing I-140, I am not sure of the processing times.
You can consider the following options:
If you have any time spent outside the US during the entire H1 period, then you may recoup that period.
If you think you do not have much or even by doing that will ot help much, then you might want to consider leaving the country for a couple of months and the come back and rcoup that period.
Good thing is even if you get your I-140 approved papers 2 days in advance of your H1 expiration, You should be good to apply for 7th year extension.
Hope this helps access your situation...
