Should I have at least 2 years remaining on my H1b visa before my employer can initiate GC

[ARSharma]

Hi,

Is there any government mandate put in place recently that says, the employee should have at least 2 years remaining on their H1b visa before their employer can file for their Green Card? Please let me know urgently.

My H1 started in Oct 2006 and expires in Feb 2013 and I have Bachelor of Engineering degree with 7+ years of experience. 5+ years of experience with the current employer. Can my employer file a GC for me in the EB2 category?

Appreciate your responses.

Thanks,

ARS

[freshoftheboat?]

No. You can start your greencard process whenever you+ company desire. You should start asap.

It is recommended that you start your labor clearance atleast 365 days before your H1B expiration date. Again-this isnt the law, but lawyers recommend it so that you can atleast have your labor clearance done and I485 filed....

[freshoftheboat?]

The most important thing is Job Requirment for EB2 or EB3 filing

. If the job requirment says we need BS+ 3 years expreince then whether you have BS+7 yrs experience it doesnt matter you will still fall in EB3.