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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1  
Old 08-17-2012, 02:41 PM
rahul56 rahul56 is offline
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Default Can PERM and 140 be approved in next 9-10months?

Iím into my sixth year of H1 and my H1 expires in May 2013. I have got an offer from an employer who is willing to sponsor my GC through EB-3 category.
Can you please let me know if I can have labor and I140 to be approved in next 9-10 months before my H1 expires, if applied through EB-3? Also, can you please suggest if anything else needs to be considered in order to achieve this.

Thank you for your feedback.
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  #2  
Old 08-17-2012, 03:37 PM
eyeswe eyeswe is offline
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If you like to continue on H1B on an uninterrupted basis, i think you are late since the labor has to be applied 365 days before expiry of H1B
The other option people take is to apply for labor and then go out of the country to earn the 365 day window for renewing H1B. There is a very nice explanation given on the tracker site under the thread "Can we apply for green card in the 6th year of h1"
I suggest you read that fully and discuss your options with you attorney asap

Actual approval of labor and I140 really depends on the merit of the case and the overall workload. However the pre-labor process of recruitment etc can take ~3-6 months typically.
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  #3  
Old 08-17-2012, 04:38 PM
bpratap bpratap is offline
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Does 365 day rule apply once you have I-140 also approved ? Don't thinks so.


Quote:
Originally Posted by eyeswe View Post
If you like to continue on H1B on an uninterrupted basis, i think you are late since the labor has to be applied 365 days before expiry of H1B
The other option people take is to apply for labor and then go out of the country to earn the 365 day window for renewing H1B. There is a very nice explanation given on the tracker site under the thread "Can we apply for green card in the 6th year of h1"
I suggest you read that fully and discuss your options with you attorney asap

Actual approval of labor and I140 really depends on the merit of the case and the overall workload. However the pre-labor process of recruitment etc can take ~3-6 months typically.
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  #4  
Old 08-17-2012, 04:57 PM
bandoayan bandoayan is offline
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Quote:
Originally Posted by bpratap View Post
Does 365 day rule apply once you have I-140 also approved ? Don't thinks so.
If your I140 is approved and your priority date is not current, you get an H1B extension of 3 years. Here the 365 day rule does not apply. Again if your PERM get approved you can file for premium processing of I140.
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  #5  
Old 08-17-2012, 09:43 PM
sac-r-ten sac-r-ten is offline
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Quote:
Originally Posted by rahul56 View Post
Iím into my sixth year of H1 and my H1 expires in May 2013. I have got an offer from an employer who is willing to sponsor my GC through EB-3 category.
Can you please let me know if I can have labor and I140 to be approved in next 9-10 months before my H1 expires, if applied through EB-3? Also, can you please suggest if anything else needs to be considered in order to achieve this.

Thank you for your feedback.
yes, its possible in EB3. if you don't care of the preference than go for it. i am walking the talk here since have been through same last year and go a 3yr extension just 1 month before my 6thyr expiration.

Though you have a tight timelines, but its possible if the lawyers are experienced and competent and the employer wants you to remain here as badly as you need to stay.

1 more advice start immediately and be on their back to get it done...

good luck.
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  #6  
Old 08-18-2012, 12:27 PM
katta katta is offline
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Quote:
Originally Posted by rahul56 View Post
Iím into my sixth year of H1 and my H1 expires in May 2013. I have got an offer from an employer who is willing to sponsor my GC through EB-3 category.
Can you please let me know if I can have labor and I140 to be approved in next 9-10 months before my H1 expires, if applied through EB-3? Also, can you please suggest if anything else needs to be considered in order to achieve this.

Thank you for your feedback.

365days rule apply if you want to extend your H1B based on PERM, in this case you get 1yr extensions. If you have approved I140 at any time before end of 6yr u get 3yrs extensions. It is good to have 365days because if your PERM application is picked up for audit you are screwed. Generally audit takes 6months.
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