GREEN card process in 6th year of H1B


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Hi,

I'm working for H1B with max out date 10/20/2019. To start with Green card process, my employer filed for Pre-wailing Wage Determination on 02/25/2019 and waiting for the status. As per current processing time, PWD may take another 4 months to get approved. After that I have to file for PERM which might take upto 6 months and then I140. I do not have enough time to complete these processes. 

My question is, can I stay in US even after max out date by using PWD receipt? If not what are the options do I have?

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  • 4 weeks later...

No you can't work on any receipt. You can only extend the H1 when the PERM and I140 are approved or if your PERM is pending for 365 days.

With the timeline you describe, unfortunately you don't have many options and you will have to leave the country by 10/20/19 (the extent of time outside will depend on when your PERM is actually submitted) and wait till your PERM clears and apply for I-40 in premium and when that is approved, apply for a 3-year extension and then get back into the country. Alternatively, if the PERM remains pending for 365-days after application, you can apply for a 1-year extension and get back into the country.

 

 

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