Can I apply GC process now ... not sure if I am in the 6th year of H1 B...


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Posted

I am on H1 b visa since 2006. Below are my stay details in US.

US Entry Date US Exit Date Total days

18-Nov-2006 31-Mar-2007 134

27-Oct-2007 1-Apr-2009 522

13-Mar-2010 26-Mar-2011 378

22-May-2011 15-June-2012 390

16-Jul-2012 Continuing 278

Am I eligible to apply Green Card by changing employer ?

How does the H1 B time calculated , based on month or days ?

Posted

Since the PERM green card process is for future employment you can start the process at any time. The question is whether or not you will be eligible for an extension beyond the normal six year limitation. Generally, an individual is entitled to an extension if they have a valid and approved I-140 petition, or the labor certification is still valid and was filed 365 days prior to the end of the initial six years of H1B time. To discuss this in more detail it is advisable to speak directly with a qualified U.S. immigration attorney.

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