Questions on GC and H1B 6 years limit ...

[jayseem]

Hello H1B and GC Experts,

I had a couple of questions about H1B program and Green Card.

First some info about me:

(1) I will complete 6 years on my H1B visa in Dec 2003 (so I have about 2 years and 2.5 months remaining on H1B)

(2) My current employer has sponsored my Green Card and labor certification application has been submitted.

(3) But I am not sure if my company (being a startup!) will be in business for next 2-3 years (that is the minimum time I will need for Green Card, probably more).

My questions are:

(a) If I go to Canada/India NOW for one year and come back to US, then do I start with fresh 6 years again?

(b) I also read that there is a new law AC21 that allows for extension beyond 6 years if GC processing has been started for more than 365 days. From what date are these 365 days counted? Is it the date on which the first newspaper ad goes or is it the date on which labor certification 750A and 750B are filed with the Department of Labor? This option will help me decide if I should look for a new job within US and get my GC started with the new employer ASAP.

Thanks in advance!

 

[immi007]

dates

why are so much worried about the dates, you\'ve more than 2 yrs. the dates will probably be the RD or ND, and the difference between them will not be significant (some 2-3 months). If you think you need to find a new employer, you should start ASAP anyway ...