On the Cross Roads

[MAGIC KID]

I am currently working full time for a company and my 6 yr H-1B Expires on Sept 30 2013. They just started collecting the documents for my GC process under EB3 Category and its a big company and the processing is very slow.

so I just wanted to be on the safe side and see logically if its possible to get my I140 approved by end of my 6 yr expiration. So can you please let me know how much time does it take to get my labor and I140 approved. I guess they will now start with the wage report and also the ad and then they will file for labor and I140. and if my I140 gets approved then will i be eligible for 1 yr extension or 3 extension.

Or the other option i have which i hate to explore is join as a small company as a consultant and try my luck with everything like stamping and stuff. Guys, can you please help me and suggest me on my case ??

[maverick41]

You still have more than a year remaining and if the paperwork is processed in a timely manner (without audits) you should get your PERM certified in 6 months.

Timeline

PERM: 3 months for prevailing wage determination (factor in job advt. & recruitment process) and 3 months for the PERM labor certification application to be certified.

I-140: normal processing in about 4-6 months. Once the I-140 is approved you can apply for a 3 year extension otherwise its a 1 year extension.

Eligibility for Extension beyond Six-Year Limitation of Stay: Pursuant to terms of The American Competitiveness in the Twenty-First Century Act of 2000 (AC21), the six-year limitation on the total period of stay does not apply to H-1B foreign nationals under the following circumstances:

a. 365 days or more have passed since the filing of any application for labor certification;

b. 365 days or more have passed since the filing of an EB immigrant petition (I140); or

c. The alien is the beneficiary of an approved EB immigration petition (I140) and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.

Good luck!

[chtummala]

if you 140 approved you get 3 yr extension ..