Starting GC process in 6th year of H1B


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Hi 

Due to Covid situation my employer has put my GC process on hold, as a result I lost at least 7 months. Now I am in my 6th year with around 8 months left.  Is it really practical to reach I-140 stage within this period? At this point even LC is not processed yet. Do I have any other options to extend my H1B beyond 6 years?

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No, its very unlikely to have the perm and I 140 completed in 8 months unfortunately . The perm application itself will take 4-5 months itself since it includes the advertising period etc. Plus adjudication of the perm will take another few months (longer if the perm is audited). The I140 can be applied in premium and can be done relatively quickly.

Unless you have an H4 option or some other alternative it does appear that you will have to leave the country after 8 months. The gc process can continue while you’re outside the country and you can come back on a h1b extension whenever your i140 is approved and/or your perm is pending for 365 days.

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