Green Card Process start- Is the time sufficient?

[hemanth810]

I have been on h1-B visa for the past 5 years. My current employer (IT consulting firm).My H1-B is valid through September 2013. My client is offering me a fulltime employee position and had

• couple of questions before moving forward with the decision.
  
• 
  

• If I accepted the position, I will have around 16-17 months remaining on my H1B validity period. Client is saying that they cannot sponsor for green card unless I completed 6 months with them. That would leave me with 10-11 months before starting the green card process. If the PWD and advertisement posting takes another two months that would just leave me with 7-8 months for the LCA and I140 to be completed. Is that enough time for my client to start with my green card filing?
  

I would appreciate if I can get a quick reply.

Thanks in Advance,

Hemanth.

[thums123]

No, this time is not sufficient. PERM has to be filed before an year and if it does not get approved in time you have to go back

[hemanth810]

Thanks for the quick response!

[Rajaxyz]

When you complete 6 years + Green card filled and PERM not approved then the follwoing are checked for your stay:

1) Is PERM applied before 365 days ?

Yes - You can apply for extension for your H1 Visa

No - You have to go back.

Note:PERM takes around 2-4 months(approximately) and if approved then you can file H1B extension for 1 year.

2) If PERM approved then I-140 will be filled and if approved with in Sep-2013 then you can apply for H1 B extensoin for 3 years.

I am also under same situation where my H1 B will expire(6 years) in April-2013 and company doing recruitment process this month.That means July 1 st the PERM will be applied.