Stay in USA beyond 6 year limit of H1-B visa

C

chunnujain

Registered Users (C)
Hi,

I have H1-B visa till 2/10/2005, which means I only have around 13 months in this country. I am looking at the options of staying beyond six years by filing green card and the process is already started (labor certification not filed yet). I know only 1 way, by which I can stay beyond six years:

1. If my Labor Certification application is filed for more than 365 days then, I can get H1-B extensions for 1 year, each year untill I get my green card.

My questions:

1. Are there any other options I can use to stay here beyond 6 years.
2. What is the rule for stay in USA in the states where labor certifcation can be done in less than a year, e.g. staes like Vermont, NH, IL et.
3. Is getting 1 year H1 extension a smooth process Or getting the extension takes lot of time and queries also?

Any help on this is appreciated.

Thanks,
chunnujain
 
If you get your LC within 1 year, then you can file for 140 immediately, that will also allow you to get an extension.


Originally posted by chunnujain
Hi,

I have H1-B visa till 2/10/2005, which means I only have around 13 months in this country. I am looking at the options of staying beyond six years by filing green card and the process is already started (labor certification not filed yet). I know only 1 way, by which I can stay beyond six years:

1. If my Labor Certification application is filed for more than 365 days then, I can get H1-B extensions for 1 year, each year untill I get my green card.

My questions:

1. Are there any other options I can use to stay here beyond 6 years.
2. What is the rule for stay in USA in the states where labor certifcation can be done in less than a year, e.g. staes like Vermont, NH, IL et.
3. Is getting 1 year H1 extension a smooth process Or getting the extension takes lot of time and queries also?

Any help on this is appreciated.

Thanks,
chunnujain
Click to expand...
 
I also have same problem. Does this mean, if i file for labor after 5 year limit in a state where i get labor approved in 3 months and i file 140 , i can still get extension ??
 
No. You can't get extension.

Any one application (LC or 140) needs to be in pending state for more than a year to qualify for 7th year H1-B extension.

But you can file I-485 along with I-140 and that will keep you status.
 
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