Can labor and I140 approve in 10months time before H1 expires in May 2013?

[rahul58]

I’m into my 6^th year of H1 and my H1 will expire in May 2013. My employer is not going to file GC for me and I have another employer who is willing to sponsor H1 and file GC and would be able to initiate the GC process by end of June or early July.

Assume if I have it applied in July, considering the current situation is it possible to have the labor and 140 approved in the next 10 months, before my H1 expires?

Could you please let me know your suggestions/feedback?

Thanks in advance.

[shandan]

Not sure if you can actually file for Labor in the 6th year of H1B, please consult an immigration attorney.

[Attorney_22]

Technically, since the PERM green card process is for a future position, it can be started when an individual is in their last year of H1B status, or even if they are out of the country. The question in this case is whether or not the individual will have a basis for extending H1B status prior to their sixth year limitation. Generally, if everything runs smoothly and the PERM application is not audited, from the start of the process to the time the PERM application is certified is approximately seven to eight months (it may be possible to decrease this time delay but will depend on the specific circumstances of the situation). After the PERM application is certified the I-140 can be premium processed as long as the employer has the original certified application. Therefore, it is possible to have an approved I-140 within ten months- however it requires pre-planning, efficiency and luck. Therefore, it is advisable to speak directly with a qualified attorney experienced in such matters. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.