H1B to GC

[ssmanian98]

My H1B 6 year completion is Apr 2004. My company starts the Labor process now. One company says that they can use the already cleared labour application (Future employee) for and process GC.

I do not want to go in Apr since my kid is studying in school.

What is the minimum requirement for me to continue to stay in US. Can the 7th year extension be applied in this case? If 140 clearance mandatory to stay?

What other options I have. Please let me know ASAP.

Thanks
SSN

 

[rk4gc]

Originally posted by ssmanian98
My H1B 6 year completion is Apr 2004. My company starts the Labor process now. One company says that they can use the already cleared labour application (Future employee) for and process GC.

I do not want to go in Apr since my kid is studying in school.

What is the minimum requirement for me to continue to stay in US. Can the 7th year extension be applied in this case? If 140 clearance mandatory to stay?

What other options I have. Please let me know ASAP.

Thanks
SSN

First to get 7th year extension

1. You should have a labor pending for more than one year.
or
2. You shoudl have an approved 140 or pending 140.

In your case as you dont have one year left on your H1 there is no point in going for labor now. Thats not going to give you any advantage.

But if you can go for labor substitution and file 140 you should be able to continue your stay.


If you dont find a labor substitution and have to go for new labor, one last resort is to see how many years and days you lived in USA. I mean if during your H1 Visa status if you lived out side USA for more than 7 months ( rare) then you can file Labor right away and use those 7 months stay out side USA for extending H1 as part of 6 year stay in USA first and after one year of filing Labor go for 7th year extension.

Once you get an idea about options available, better you talk to a lawyer.

 

[ssmanian98]

Hi

Thank you for the quick response.

I understand the issue with GC and sticking to company that files. Can I have job in the company that has filed my GC as Partime and take another job from another company concurrently.