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mzafar125
10-24-2008, 02:35 PM
Folks,

What happens if you are nearing the end of your 6 year h-1B limit and have not applied for the CG. I know that you have to apply for your greencard 365 days before you can apply for any additional H1-B extensions. If you missed the 365 day deadline what are your options ? The economy has thrown a lot of hurdles in the path of future immigrants. Thanks for your response.

LostInGCProcess
10-24-2008, 02:41 PM
Folks,

What happens if you are nearing the end of your 6 year h-1B limit and have not applied for the CG. I know that you have to apply for your greencard 365 days before you can apply for any additional H1-B extensions. If you missed the 365 day deadline what are your options ? The economy has thrown a lot of hurdles in the path of future immigrants. Thanks for your response.

The straight answer to your question is:
You have to be physically out of US for >365 days.

If you are in the sixth year and less then 365 days to 6th year h1:
Then you can gamble by filing for the Labor, it has to get cleared, then file for I-140 and it has to be approved, all within the time frame of the last day of ur H1. Only then you could apply for 3 year extension of H1 based on approved I-140.

Now, the USCIS has made premium processing available for I-140 for cases that fall in the above scenario.

however, if you are very close to the end of 6th year on H1, I am afraid there in nothing much to prolong it.

mzafar125
10-24-2008, 03:45 PM
Thanks for the quick response.

vivek_ut
10-24-2008, 04:04 PM
Not sure how close you are to your H1 expiring, however, you can recapture all the days that you spent outside of the US on your H1 be it for vacation/ travel/ work etc. This might buy you a few, valuable, extra months to get your PERM and 140 approved.

cgs
10-24-2008, 04:12 PM
Since you want to be in US start processing green card processing ASAP (if at all there is any chance of it) and continue to pursue for it regardless of your physical stay in US. GC is for future employment and H1 is for current employment, H1 and GC processes have nothing do with each other.

nk2006
10-24-2008, 05:12 PM
I think some of the answers above already mentioned this, if you are already in 6th year of H1b and GC process is not yet started, you have these options: (i) first and foremost apply for GC immediately, if your labor and then I140 gets cleared before final date of H1b then you can extend your H1b based on approved I140 (ii) also you can recapture the days you are out of coutry while on H1b - if you already have some days like that then you can recapture them all; also you can consider going out of country before H1b expiry and use that time - basically you have to time that so you can get your labor+140 cleared by (current expiry+recaptured days).

If none of them work then need to go out of country for a year to come back on a new H1b.

Good luck.