H1B to Green Card how to work

[raheelajk]

Hi,

I am on H1B and it is expiring by the end of September 2011. My company is willing to apply for my green card but our attorney is saying that we will have to file H1B extension as well and it doesn't make sense to me.

I want to continue working for my current company while Green Card process starts after H1B expires in September 2011.

Any ideas how that will work?

[singareni]

You cannot get a H1B extension beyond 6 years If your Green Card(GC) is not under processing.

You are not in status in US only if your GC is under processing. I order to stay in status, you have to get your GC started, get Labor and I-140 approval and also H1B extension before it expires.

The time you spent out of USA does not count towards the 6 years period.

1. So, if you have spent any vacation time out of USA, you can claim that.

2. Also, if you now go out of USA for a vacation, you can gain that time too, for your GC processing and H1B approval

Since you are running out of time, I would suggest you think about 1 and 2

Good luck

[Joe.F]

The GC process can take several years. Only the last part allows you to work, so until then, you need some other legal way to continue working, e.g., the H1.

[Joe.F]

Oh, and ask your lawyer to explain that to you in detail.

[raheelajk]

@Singarini

I have been on H1B only for the last 3 years. Now its required to be renewed in October 2011.

@JoeF

Thanks for your comprehensive reply. So you are saying in order to work before I reach the last phase of GC process, I have to continue getting H1B extension. Correct?

Can I apply for EOD? Or what other forms are available to me until I get my GC.

[Joe.F]

Originally posted by raheelajk:

Thanks for your comprehensive reply. So you are saying in order to work before I reach the last phase of GC process, I have to continue getting H1B extension. Correct?

Yes.

Can I apply for EOD? Or what other forms are available to me until I get my GC.

An EAD requires a pending I-485. That's the "last part" of the process that I referred to.

An I-485 can only be filed when the PD is current.

As I said before, since you don't seem to know much about the whole process, I suggest you sit down and have a discussion with your lawyer.

[Worker11]

your attorney is correct. your employer will file I-40 to change you to immigrant, employment based status, which one, it will be determined. and then, according to your situation and your status, you will work on your H1-B until I-140 is approved, your priority date gets current and your I-485 is approved. Depending on your priority date, this may take 10 years until you will become eligible to get your employer to file I-485 for you. Until then you will be on H1-B and its annual extensions.

[Worker11]

your attorney is correct. your employer will file I-140 to change you to immigrant, employment based status, which one, it will be determined. and then, according to your situation and your status, you will work on your H1-B until I-140 is approved, your priority date gets current and your I-485 is approved. Depending on your priority date, this may take 10 years until you will become eligible to get your employer to file I-485 for you. Until then you will be on H1-B and its annual extensions.