Green card process for person having completed 5 years on H1B visa

[GKerkar]

Hello,

My H1B visa is going to expire in Dec 2017 and I would like to know if there is any way to start my green card process with my current employer?

Would my H1B visa be extended for a year if my only my PERM gets approved before Dec 2017 or I need to also have my I-140 (along with the PERM) approved to get a one year extension with the current visa/green card rules/process?

How soon I should ask my employer?

Thank you for your comments/advice in advance.

Thanks,

Gkerkar

[mario_g]

You should ask them to begin the process as soon as possible. There are two ways to get an extension beyond 6 years: an approved I-140 petition or a PERM petition that has been pending for at least one year before your H1B expiration date. That means that your safest option is to have your employer file your PERM petition as soon as possible and hopefully at least one year before your H1B expires. Otherwise you will need to hope the PERM is approved relatively fast so you have enough time to get the I-140 approved (for that you can use priority processing, but not for the PERM, so keep an eye on processing times).

Of course you can always capture time spent outside the United States to extend your current H1B, and that may be enough to give you the one year buffer you need if your PERM is filed early next year.

But the short answer is you need to convince your employer to file your PERM as soon as possible, or things are going to start getting tricky.

[Neil U]

Hi, I am in a very similar situation. The question that i have is, i read the new law or what is mentioned as Final points on new immigration law that will be effective as of 17th Jan. 

As per this , as long as LC is filed or 140 is filed , H1B extension can occur. does this mean, the issue of having a minimum year goes away ? and even if the expiry of H1B is less than a year away but my employer can still start the GC process ?

Regards,

Neil U