Options for employment start on 2012 (I am outside of the USA)


travelarg

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Hi, I am trying to understand my options for employment in the US now that there is no h1b cap left for a start date in 2012.

I am from Argentina, have a Master's from a US university in Computer Science. Got h1b visa on March '03, and remained employed until Dec '07. After that I have been to the US several times on B1/B2 visa.

Would appreciate any advice about options available for a start date in 2012...so far it seems I could:

1) "recapture" time from my h1b visa. 1 year and 2 months post h1b plus any vacation time outside the US during h1b. But can I claim it given my h1b was transferred last in July 2005, which is more than 6 years ago?

2) Apply for Greencard, however that would mean maybe 3/4 months waiting time until PERM end before I can start employment, right?

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1) "recapture" time from my h1b visa. 1 year and 2 months post h1b plus any vacation time outside the US during h1b. But can I claim it given my h1b was transferred last in July 2005, which is more than 6 years ago?

=> You were in H1b status till Dec'07 which was less 5 years ago. I think, you can still recapture your time left on 6 years quota.

2) Apply for Greencard, however that would mean maybe 3/4 months waiting time until PERM end before I can start employment, right?

=> Right

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Apply for Greencard, however that would mean maybe 3/4 months waiting time until PERM end before I can start employment, right?

=> Right

Approved PERM labor certification by itself does not provide employment authorization. You would need a valid employment visa (e.g. H-1B) to work until your priority date (day the PERM application was filed) was current and an I-485 was filed for a green card -- which takes years in all but very unique cases (e.g EB1 category).

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