I ahve ony about 11 months beofre my 6 years comletes in US on H1.

R

rchandran_19

Registered Users (C)
Hi all,

I have only about 11 months now to be in the US. I have gotten to this point thinking one day I would find a good permanent job in a big company (american), but it never happened. I have realised its not going to happen now.

so, what is the way out, WITHOUT going out of US?

Can I apply thru company B that has pre-approved labor, who would apply, simultaneously, my H1 and I-140, and hope that I would get cleared withing the 11 month period?

If that happens, can i go for 7th year extension of my H1?

I spoke to the lawyer of my company, she told that, there is no law that says you can extend your H1, once your i-140 is cleared and waiting for your 1-485 to apply. Is that true???

please respond with answers to my queries, i'd be truly greatful.

thank you,
Ram
 
rchandran_19 said:
Hi all,

I have only about 11 months now to be in the US. I have gotten to this point thinking one day I would find a good permanent job in a big company (american), but it never happened. I have realised its not going to happen now.

so, what is the way out, WITHOUT going out of US?

Can I apply thru company B that has pre-approved labor, who would apply, simultaneously, my H1 and I-140, and hope that I would get cleared withing the 11 month period?

If that happens, can i go for 7th year extension of my H1?

I spoke to the lawyer of my company, she told that, there is no law that says you can extend your H1, once your i-140 is cleared and waiting for your 1-485 to apply. Is that true???

please respond with answers to my queries, i'd be truly greatful.

thank you,
Ram
Click to expand...
she told that, there is no law that says you can extend your H1, once your i-140 is cleared and waiting for your 1-485 to apply. Is that true???
I understand you cna exten H1 for 3 years if you are approved I140 - hopefully (?) working from the same company who has filled you I140.
After 3 years extension you will change company as your H1B is valid for 3 years. In this case you need to start your GC from begning and can only use your PD if ??
This is what I understand and may be wrong.
 
OhNoo,

thanks for the reply. I need to know if I start my GC process now, say 2months for the ad campaingn, then 1 month for applying for LC, and get the response in 2 months, all together 5 months till this point of getting the LC cleared.
then apply for i-140, and i heard that they are processing it really fast, cal expect with in 2 months or so..then the whol process of getting to the point of a "cleared I-140" is about 7 months...add 3 more months for all the delays and RFE's etc..sill would come to 10months.

If everything goes as mentioned above, can I apply for my H1 extension, which woud be now beyond the 6th year...i know the time would be too tight...but technically is it correct and possible?

thanks,
Ram
 
rchandran_19 said:
OhNoo,

thanks for the reply. I need to know if I start my GC process now, say 2months for the ad campaingn, then 1 month for applying for LC, and get the response in 2 months, all together 5 months till this point of getting the LC cleared.
then apply for i-140, and i heard that they are processing it really fast, cal expect with in 2 months or so..then the whol process of getting to the point of a "cleared I-140" is about 7 months...add 3 more months for all the delays and RFE's etc..sill would come to 10months.

If everything goes as mentioned above, can I apply for my H1 extension, which woud be now beyond the 6th year...i know the time would be too tight...but technically is it correct and possible?

thanks,
Ram
Click to expand...

Go for pre-approved labor if company is financially sound and LC matches your skill and experience. You will be able to file 7th year extension as soon as you receive I-140 receipt or approval. You might also be qualified for 3 years extension in case I-140 is approved and your PD is not current. One more adventage is you might get older PD if no one has ever filled I-140 on the LC which you want to substitute.

As far as I know, it is highly impossible to prepare for PERM, then to apply for PERM, get PERM approval and to get I-140 approval with in 11 month. In case even if your PERM is approved but if your I-140 does not get approved then you won't get 7th year extension as your LC will not be pending for more then 365 days and I-140 is not approved.

Browse through various I-140 related issues like ability to pay, education, experience issues in I-140 thread.
 
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