Reaching H1B max out in 7.5 months and GC not started - Early response much appreciated

[sachidananda]

Hi,

My current employer has not started GC and my H1B visa is going to max out on 10/16/2020. With the remaining time, if I find new employer who is willing to do the GC processing, I want to know the possibility of I140 approval within the time limit.

1. Can H1B transfer and GC process start in parallel or GC can start prior to H1B transfer?

  - Prior to H1b transfer, if it can start it will save some time in terms wage finalization and job advertise and recruitment process.

2. Is there any possibility of getting 7th year extension?

3. If I don't get any new employer and I move out of USA with 5 months remaining on h1B. If I want to come back to USA again after one year in such case do I need to go for new H1B with cap or with cap exempt?

Early response much appreciated.

Thanks,

Sachi

Edited February 12, 2020 by sachidananda

[JoeF]

No employer will file a GC for you without knowing your work.

[User099]

If you don't have GC started you can't get 7th year extension. You will have to stay out for 1 year and then go thought the lottery.

I don't think you have enough time left to get a I140 approved between now and October. 

GC processing and H1 transfer can happen parallel if your employer wants to do it that way. 

[Mav777]

Gc is different And independent from h1b. An employer can file for gc at anytime since it’s for a future job. So yes it can be parallel to h1b transfer.
Don’t think you have enough time to get I140 approved by oct. PERM itself will take 6-8 months. You can file for 7the year extension if perm is pending for 365 days or i140 is approved. So you will have to leave the country latest by 10/16/2020, and can reenter when the h1b extension is approved based on a pending 365 day perm or approved 1140. This will be cap exempt