just 6 months left on My H1B - chances to stay in US further

[dhanvi]

Hi,

6 years of my H1B will be completing by June 2013 and I haven't start my GC process yet.

But my present employer XXX starting GC process now on priority basis now.

What are the chances to get clear labour and I-140 in another 6 months time. I have sent my documents to employer, how much time it will take to clear labour process . They are plannning to file I-140 through premium process - Is this time lines are OK ?

Please provide your inputs here.

Thanks

[shandan]

looking at the current USCIS situation, your chances of clearing the PERM within 6 months are bleak.

Not saying it is not possible, but prepare for leaving if the PERM is not approved prior to your H1B expiring. For you to be able to file for an extension beyond 6 yrs, you atleast need an approved PERM or having a PERM application pending for atleast 365 days.

I wish your PERM gets approved in time so that you can file for an H1 extension. GOOD LUCK.

[kotivlp]

I am exactly in the same situation, that my 6 years stay will get over by June 30th and labor is supposed to be filed any time. I have the below questions:

1) What happens if the labor is filed but not approved by June 30th? I'm aware that I need to leave the country. The question is how long I need to be out of country - is that one year or till I-140 gets filed/approved?

2) If at all I need to leave country during labor is pending, will I be able to continue GC process from India, like filing the next step(I-140) and then filing for H1 extension?

3) What happens labor gets approved just in time, like just around 30th June and couldn't file for I-140 by June 30th?

4) What happens if labor gets approved, and I-140 is filed, but not yet approved? I believe in this case, I would be eligible for 1 year extensions.

Appreciate your response in advance.

[shandan]

1) What happens if the labor is filed but not approved by June 30th? I'm aware that I need to leave the country. The question is how long I need to be out of country - is that one year or till I-140 gets filed/approved?

• You need to wait for the H1 cool off period, and apply for a fresh H1, then the rest of the process is the same you already went through the first time.
  

2) If at all I need to leave country during labor is pending, will I be able to continue GC process from India, like filing the next step(I-140) and then filing for H1 extension?

• You will be able to continue your GC process from any where on the Globe, as it is independent of your H1. Your H1 has expired so there is no extension to it, you would need a fresh H1.
  

3) What happens labor gets approved just in time, like just around 30th June and couldn't file for I-140 by June 30th?

• You have 180 days from Labor approval to file for I-140.
  

4) What happens if labor gets approved, and I-140 is filed, but not yet approved? I believe in this case, I would be eligible for 1 year extensions.

• Yes.