6th year - new employer, GC process

[pridee]

Hi,

My H1B is in its 6th year and expires on Oct,2013(8 months left). I have been offered job by a new employer. If my new employer files for GC, what are my options?

1. How long does Perm ,1-140 take for approval from application?

2. Do I have to go back to India on Oct 30, if perm and I-140 doesn't get approved before Oct,2013?

3. How long before Oct,2013 should perm and I-140 be approved in order to be eligible for H1 extensions for the 7th year?

4. Will I have to go to India if Perm and I-140 is approved before Oct,2013?

Please advice.

[pontevecchio]

You are jumping the gun. Are you not? Anyways, In order for you to get H1 extensions assuming the new employer will file an Immigration Petition for you, the I-140 approval is the only factor as you have less than an year. If the company gets PERM approved and I-140 approved by that time using PP if applicable you get 3 year extensions. If the perm is pending you will have to leave in October and subsequently when PERM Pending is more than an year file a H1 and come back as you are entitled to that.

[pridee]

Thank you for responding! So if PERM is pending for more than a year do I file a new H1 in the April slot or just extend my current H1?

[pontevecchio]

If PERM is pending more than 365 days you are entitled to H1 extensions.

[pridee]

Thanks pontevechhio! Is that true even if I have exhausted all 6 years on my H1B and I've returned to my home country?

[pontevecchio]

That would seem so. As in all important matters make sure to discuss it with a Lawyer.