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ramky_iyer
08-10-2008, 12:50 AM
My first question is when does the 6th year of h1b start - is it 365 days before the petition expires or is it 5 years from the date of the first i-94?

My second question - If i change my employer in the 6th year of h1b and if my new employer starts my green card - do i have even the slightest chance of getting the 7th year extension?
More specifically -
2 a) is there any rule that prevents employers from starting green card before the first 3 months of employement
2 b) what are my chances of filing the labor and getting i-140 (premium) done before the 6th year ends?

Thanks!

vivekm1309
08-10-2008, 01:34 AM
My first question is when does the 6th year of h1b start - is it 365 days before the petition expires or is it 5 years from the date of the first i-94?

My second question - If i change my employer in the 6th year of h1b and if my new employer starts my green card - do i have even the slightest chance of getting the 7th year extension?
More specifically -
2 a) is there any rule that prevents employers from starting green card before the first 3 months of employement
2 b) what are my chances of filing the labor and getting i-140 (premium) done before the 6th year ends?

Thanks!

I think your count for the days on H1-b start from the day you landed in US on your H1-b. ( your first I94 date) I am not sure though , may be some gurus in this forum can comment and provide you with some good answers.

raysaikat
08-10-2008, 01:47 AM
My first question is when does the 6th year of h1b start - is it 365 days before the petition expires or is it 5 years from the date of the first i-94?


You need to count all days in which you were physically present on the US soil with H1-B status.



My second question - If i change my employer in the 6th year of h1b and if my new employer starts my green card - do i have even the slightest chance of getting the 7th year extension?
More specifically -
2 a) is there any rule that prevents employers from starting green card before the first 3 months of employement
No, there is no such rule. Technically GC is for future employment. You can start your GC process with a company even before joining them.

2 b) what are my chances of filing the labor and getting i-140 (premium) done before the 6th year ends?

Thanks!

Anybody's guess, I guess! Note also that USCIS has not started I-140 premium processing for most applicants (the only exception as of now is for people whose labor is approved but who cannot, by any other means, get any kind of H1-B extension. I.e., the labor must be approved but less than 1 year old.).

insbaby
08-10-2008, 08:52 AM
My first question is when does the 6th year of h1b start - is it 365 days before the petition expires or is it 5 years from the date of the first i-94?

365 days before the petition expires, a safe and simple method. Don't get it complicated by counting your week end visits to Canada.


My second question - If i change my employer in the 6th year of h1b and if my new employer starts my green card - do i have even the slightest chance of getting the 7th year extension?

On the 6th Year you are doing H1 Transfer. It should not be a problem. When you apply for 7th year extension in the new company, LC should be pending for more than 365 days/LC approved with I-140 pending (1 year extension)/I-140 approved and PD not current (3 year extension)



2 a) is there any rule that prevents employers from starting green card before the first 3 months of employement:

Employer can start green card even before the employee joins the company. Check with the new company / company's lawyer about their own local policy.


2 b) what are my chances of filing the labor and getting i-140 (premium) done before the 6th year ends?

Apply NOW and see.

Thanks!