Can i start GC 8 months before H1B expire date (1st 3 years)

[san1]

Hello - I am on H1B visa now and planning to start the GCprocessing. My H1b is expiring in FEB-2014 and my employer said they cannot initiate  the GC  processing as my H1B expiring in less than 8 months and will start after we renew your H1B for next 3years.

is this true, you cannot start your GC processing fi your H1 is expering in less than a year?

Please advice. 

Thanks..

[pontevecchio]

It is true that the employer starts the GC process at the time of his choosing.

[omshiv]

In other words...its not true what your employer is saying..but its your employer's choice when they want to initiate the GC process...Technically they can start it now.

[san1]

It is true that the employer starts the GC process at the time of his choosing.

 

 

In other words...its not true what your employer is saying..but its your employer's choice when they want to initiate the GC process...Technically they can start it now.

i appreciate for your replies

yeah i am  familiar with the information that employer has right to initiate  the  GC process anytime they want.

i just want to know that there is no clause that states you cannot initiate gc processing if your H1B expiring in  6 months.

thnak you for your advices

[t75]

Theey can start GC filing even if you are not working in the US.  Just because they can does not mean that they would.

[JoeF]

i appreciate for your replies

yeah i am  familiar with the information that employer has right to initiate  the  GC process anytime they want.

i just want to know that there is no clause that states you cannot initiate gc processing if your H1B expiring in  6 months.

thnak you for your advices

H1 and GC are COMPLETELY independent.

An employer could start the GC process even if you are not in the US.

The employer decides if and when they are starting the process. It doesn't matter what excuse they come up with.