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A23202

H1b Stamping, Extension, and GC Filing

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Apologies but i am new here and my current situation is a little overwhelming for me. A bit of context:

  • H1b start date with Company "I" in Aug 2015
  • Moved to Company "P" in Nov 2016 (at which point visa was extended till Aug 2019, but my passport visa stamp is based on company "I" till Aug 2018), hence i can't leave the country till Aug 2019
    • Company "P" is a fortune 50 firm, though in the 'Consumer Goods' space which is not fast growing like Tech. I work in Finance.
    • My visa max out 6 yrs date is Aug 2021

I am trying to get my firm "P" to file for my GC next year and also extend my visa; on preliminary meetings with HR, they are saying they can file my H1b extension, but unsure if they can process my green card. They cite that since company is not doing well and has fired many people, current laws make it tough to file for green card for a foreign national. Can you kindly advise on my options and help me with below

  1. I am trying to get my stamping done in India in Nov/Dec of this year, which will continue my visa till Aug 2019; should i expect any problems/delays etc given how things have changed under Trump administration?
  2. If my firm files for an H1b extension, and GC too, can they be filed one before the other (in any order)? i believe yes, but pls confirm.
  3. If my firm files for an H1b extension, but denies my GC processing - how much time do i have to find a new firm? given max out visa is Aug 2021, and assuming getting approved I-140 takes roughly 18 months, i believe my new firm "X", should start my perm process before Feb 2020, correct?
    1. Does one need an approved PERM or approved I-140, 365 days before Max out date of Aug 2021, such that H1b can be extended in one year increments? or that the perm (approved or not), must be just filed 365 days in advance.
    2. Do new firms on average ask new employees to work for 12 months before starting the GC process, in which case i need to find new firms by Mar 2019?
    3. Are there some firms in specific sectors that are more generally more prone to GC filing? example, firms in Tech space for example? i work in Finance though.

Thank you very much,

A23202

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A23202 HERE ARE SOME CORRECTIONS/COMMENTS TO YOUR STATEMENTS

 

………..my passport visa stamp is based on company "I" till Aug 2018), hence i can't leave the country till Aug 2019

YOU CAN LEAVE COUNTRY. AND WHEN YOU ARE IN YOUR HOME COUNTRY (OR ANY OTHER COUNTRY OUTSIDE USA), YOU NEED TO GO THROUGH VISA STAMPING AND THAT WILL MAKE YOU ELIGIBLE TO COME BACK TO USA.

 

……….they are saying they can file my H1b extension, but unsure if they can process my green card.

FIRST COMPANY P NEED TO FILE FOR H1B – NOT EXTENSION. THEY CANNOT EXTEND SOMETHING WHICH IS NOT THERE IN FIRST PLACE. YOUR ROUTE IS TO HAVE YOUR COMPANY FILE FOR H1B TRANSFER. THIS IS NOTHING BUT A NEW H1B APPLICATION EXCEPT THAT YOUR TOTAL H1B WILL BE SIX YEARS ONLY. SO, IF YOU HAVE USED 1.5 YEARS IN FIRST H1B JOB AT COMPANY I, YOU CAN FILE H1B FOR TOTAL FOR 4.5 YEARS. AT A TIME USCIS ONLY ISSUES H1B OF MAXIMUM 3 YEARS OF DURATION. AFTER 3 YEARS, THEY NEED TO FILE H1B EXTENSION FOR REMAINING 1.5 YEARS. NOW, IF THEY FILE FOR YOUR GREEN CARD WITHIN THAT TIME, THEY CAN ACTUALLY APPLY FOR H1B EXTENSION FOR 3 YEARS AND NOT REMAINING 1.5 YEARS. BUT TO QUALIFY FOR THAT, YOU SHOULD HAVE COMPLETED TWO OUT OF THREE STEPS OF GREEN CARD. THOSE TWO STEPS AND PERM AND I-140. REMEMBER THAT ONCE YOU HAVE I-140 APPROVAL IN HAND, YOUR COMPANY CAN KEEP EXTENDING H1B BEYOND SIX YEARS TILL YOU RECEIVE GREEN CARD OR EAD IN HAND.

 

…..for an H1b extension, and GC too, can they be filed one before the other (in any order)? i believe yes, but pls confirm.

FIRST IS H1B, THEN GC APPLICATION THEN H1B EXTENSION PROVIDED YOU FULFILL ABOVE (PERM, I-140) CONDITION.

 

 

……….If my firm files for an H1b extension, but denies my GC processing - how much time do i have to find a new firm?

YOU ONLY WILL GET SIX YEARS OF H1B. IF YOU WANT TO STAY IN USA, YOU HAVE TO FIND NEW EMPLOYER AND GET THOSE TWO STEPS COMPLETE BEFORE TOTAL OF SIX YEARS. MANY COMPANIES MISS THIS DEADLINE AND SUCH EMPLOYEES HAVE TO GO BACK TO THEIR COUNTRY OF ORIGIN. THIS IS VERY HARD RULE! COMBINED TIME FOR PERM+I-140 IS ABOUT 15 MONTHS FRO THE DAY YOU START TALKING WITH ATTORNEYS TILL YOU RECEIVE I-140 APPROVAL. DO CALCULATE YOUR OWN DEADLINE WITH THE BEST KNOWLEDGE YOU HAVE.

 

………Do new firms on average ask new employees to work for 12 months before starting the GC process, in which case i need to find new firms by Mar 2019?

YES, SOME OF THEM DO ASK 1 YEAR OF WORK. BUT THIS IS NOT A HARD RULE. YOU CAN ASK COMPANY BEFOREHAND JOINING TO START PROCESS AS SOON AS YOU JOIN. JUST MAKE SURE IT SHOULD NOT LOOK LIKE YOU ARE JOINING THEM BECAUSE YOU NEED GREEN CARD. THIS IS NOT IMPOSSIBLE RATHER DIFFICULT.

 

……Are there some firms in specific sectors that are more generally more prone to GC filing? example, firms in Tech space for example? i work in Finance though.

NOTHING LIKE THAT. DO CHOOSE YOUR COMPANY WISELY. TYPICALLY BIGGER COMPANY WILL HAVE BETTER ATTORNEYS AND KNOW YOUR CASE IN BETTER WAY TO ACT QUICKLY. SMALLER OR MEDIUM SIZED COMPANY MOSTLY RELY ON OUTSIDE ATTORNEY AND SOMETIMES DON’T BOTHER TO CONTACT THEM AFTER H1B IS COMPLETE.

 

MY ADVICE IS TO FIND NEW EMPLOYER THAT WILL BE READY TO SPONSOR GC. YOU HAVE ABOUT THREE YEARS REMAINING IN H1B. THAT MEANS YOU CAN STILL WORK FOR NEW EMPLOYER FOR FULL YEAR AND HAVE I-140 COMPLETE BEFORE YOUR SIX YEARS COMPLETE.

GOOD LUCK

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On ‎10‎/‎8‎/‎2018 at 8:07 PM, A23202 said:

Apologies but i am new here and my current situation is a little overwhelming for me. A bit of context:

  • H1b start date with Company "I" in Aug 2015
  • Moved to Company "P" in Nov 2016 (at which point visa was extended till Aug 2019, but my passport visa stamp is based on company "I" till Aug 2018), hence i can't leave the country till Aug 2019
    • Company "P" is a fortune 50 firm, though in the 'Consumer Goods' space which is not fast growing like Tech. I work in Finance.
    • My visa max out 6 yrs date is Aug 2021

I am trying to get my firm "P" to file for my GC next year and also extend my visa; on preliminary meetings with HR, they are saying they can file my H1b extension, but unsure if they can process my green card. They cite that since company is not doing well and has fired many people, current laws make it tough to file for green card for a foreign national. Can you kindly advise on my options and help me with below

  1. I am trying to get my stamping done in India in Nov/Dec of this year, which will continue my visa till Aug 2019; should i expect any problems/delays etc given how things have changed under Trump administration?
  2. If my firm files for an H1b extension, and GC too, can they be filed one before the other (in any order)? i believe yes, but pls confirm.
  3. If my firm files for an H1b extension, but denies my GC processing - how much time do i have to find a new firm? given max out visa is Aug 2021, and assuming getting approved I-140 takes roughly 18 months, i believe my new firm "X", should start my perm process before Feb 2020, correct?
    1. Does one need an approved PERM or approved I-140, 365 days before Max out date of Aug 2021, such that H1b can be extended in one year increments? or that the perm (approved or not), must be just filed 365 days in advance.
    2. Do new firms on average ask new employees to work for 12 months before starting the GC process, in which case i need to find new firms by Mar 2019?
    3. Are there some firms in specific sectors that are more generally more prone to GC filing? example, firms in Tech space for example? i work in Finance though.

Thank you very much,

A23202

1) There is always some risk associated with stamping (read the latest news on this website titled "FAM update..") but if you have a legit case it shouldn't be an issue. Not sure what you mean you can't travel before Aug 2019. With an approved I-797 with Company P, you can leave the country anytime and get the new stamp till Aug 2019.

2) The GC filing is completely independent from the H-1B ext. filing. GC can be filed anytime. The H1-B extension is for keeping you in valid status and should be filed up to 6-months before it's current expiry of Aug 2019.

3) 1) You need an approved PERM AND I-140 to file for 3-year H1-B extensions. Again since the GC process is independent, the post sixth year H1-B ext. can be filed anytime after the I-140 is approved, so it doesn't have to be before Aug 2021. But ideally you want it prior to Aug 2021 so that you don't have to leave the country after Aug 2021 and can maintain continuity living and working.

The rule is that post 6-year Hi-B extension can be applied for if your PERM or I-140 has been pending for more than 365 days OR your PERM and I-140 have been approved. In the first case, it will be 1-year extensions till PERM or I-140 is approved and in the second case, as mentioned, it's 3-year extensions.

Ideal scenario - Your PERM and I-140 is approved before Aug 2021, and 3-year extensions are applied for. Since 1-140 can be done in premium, your controlling factor is PERM. At a minimum your PERM should be applied 365 days prior to Aug 2021, so that even if it isn't approved by Aug 2021, you can apply for 1-year extension. Note, PERM can take 18 months if  caught in an audit (confirm the audit times) so the earlier the better.

Worst case scenario: Your PERM goes in during your final H1 year, say Feb 2021 and is not approved by Aug 2021. You'll have to leave the country, wait till the PERM is pending for 365 days i.e. Feb 2022, and then apply for 1-year H1-B extension based on pending PERM and upon approval, go for stamping, and come back into the country. Once back, and whenever PERM is cleared, apply for I-140 in premium and as that clears apply for a 3-year extension.

2) Generally, yes, companies have a 6-month probation period and are less likely to apply for a GC in the first year since it is a substantial investment. But in the end it's company and your profile dependent. I suggest you be upfront about your situation and bring it up in the interview so that companies are aware of the timelines.

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