Urgent-Starting GC in 6th year

[tanishkaa]

All,

 

I have typical common situation with my employer was delaying starting my GC in 5th year and I am into 6th year now and finally they agreed to start GC.

I already checked with attorney and attorney is giving me only option to stay out of country for 5 months to meet 1 year PERM pending deadline from now which ofcourse not possible for me.

My 6 years of H1 are expiring in 30 March 2015. 

I am wondering if anybody can give me best possible option to me so I can ask my employer do so. 

 

Please help.

[jairichi]

All,

 

I have typical common situation with my employer was delaying starting my GC in 5th year and I am into 6th year now and finally they agreed to start GC.

I already checked with attorney and attorney is giving me only option to stay out of country for 5 months to meet 1 year PERM pending deadline from now which ofcourse not possible for me.

My 6 years of H1 are expiring in 30 March 2015. 

I am wondering if anybody can give me best possible option to me so I can ask my employer do so. 

 

Please help.

If your spouse is working on a valid nonimmigrant status you can move to dependent status instead of leaving the country. No other option.

[t75]

You cartain can exit the country as requested by attorney. If PERM cannot go forward, you will be leaving no matter what your choice.

[tanishkaa]

Thanks jairichi and t75 for reply.

One more question, AC-21 law allows to get extension based on PERM and I-140 approved. Do I qualify if I start GC now and file PERM say 1 sept 2014 and my visa gets expired on Mar 2015 and I go back or change my status to H4. if before 1Sept 2015 ,my PERM and I-140 gets approved, Can my employer file 1 year /3 year extension based on that ?

[jairichi]

Thanks jairichi and t75 for reply.

One more question, AC-21 law allows to get extension based on PERM and I-140 approved. Do I qualify if I start GC now and file PERM say 1 sept 2014 and my visa gets expired on Mar 2015 and I go back or change my status to H4. if before 1Sept 2015 ,my PERM and I-140 gets approved, Can my employer file 1 year /3 year extension based on that ?

Based on PERM or I-140 pending for more than a year an employer can file 1 year extensions. With an approved I-140 employer can file for 3 year extensions. Approved PERM gives you nothing. You need to have some days to recapture to apply for these extensions.

[t75]

You need to sit with the attorney or his representative to go over your options in detail. Remember a GC is not guaranteed so you need plan B

[ottawa_rocks]

You need to sit with the attorney or his representative to go over your options in detail. Remember a GC is not guaranteed so you need plan B

That sums it up nicely...:)

[Jyothis]

You can still get through and extend if your PERM is approved and you file for the premium processing for 140. Premium should get you a result in 15 business days, but you may need to pay for premium processing.