H1 VISA extension and Start GC Application - Need your help!!

[Kadkhiq81]

Hello Everyone,

Have 4 Yrs of education in Engg and 8.5+ years of experiencein IT. My employer is ready to initiate my GC process However my H1 get expire on Feb 2014. I am currently in the process of getting my Passport renewal (as it is going to expire on Jan 2014 as well) .

Now, My question is that, If I start my GC Process now, Will there be any issues for H1 extension? If yes, Is that safe to initiate the process after my H1 extension? Please help me to understand all the pros and cons of this move.

Thank you for your time!!

[pontevecchio]

The two are mutually exclusive.

[Kadkhiq81]

Thank you for your response..

 

GC Processing fee amount need to be shared between me and my employer. If in any case my h1 extension get denied, Do you think all the money that I have spent on GC process, would go in vein? Can I apply H1 Extension through other employer ? If yes, Can I still utilise that GC process?

Or Would you suggest me to initiate GC process after my extension approval? Please direct me.

[omshiv]

firstly you dont start the GC process...your employer does and you cannot force your employer to start the GC process unless its a shady employer.

 

and you need to research more on the GC process.

[pontevecchio]

If your H1 extension is denied what makes you think the GC process will go through? How many years of H1 status have you had? Some part of the Fees towards the GC can be shared. Some cannot. I strongly urge you to keep your own Lawyer on retainer so that nobody can short change you.

[Kadkhiq81]

I have been in this country for the past 5 months on H1b status.

[t75]

Research the fees that may be paid by the employee and what must be paid by the employer. You should not attempt to "buy" a GC.

[t75]

How much prior H1B time do you have before this 5 month period?

[Kadkhiq81]

t75,

 

Please note that I am not trying to buy GC.

 

I have got my H1 approved in 2011 however did not get an opportunity to travel here till Dec 2012. Have moved to this country on Feb 2013, since then I am on H1 status.

[omshiv]

No genuine employer would sponsor GC within 5 months of employment...seems like a ******** employer and you are asking them to file for it.

[chakrakr]

No genuine employer would sponsor GC within 5 months of employment...seems like a ******** employer and you are asking them to file for it.

 

Genuine Employers DO sponsor GC for Genuine Employees  and does not make employee pay for PERM.    When I changed job ,  my condition was they should start my GC ASAP.  My GC was started within 2 months.    That was a Product company and I was one of only two H1 employee (the other one was from Europe) out of a total of 100 Employees.

 

As I said ,  some people see everything fishy based on their own past experience :)

[Kadkhiq81]

Omshiv,

You don't have to give certificate about my employer and me..

Thank you for your response!!

[t75]

OP,  Your employer's attorney will advise your employer if it is an appropriate time to sponsor a GC.  There are many factors that you may - and should - not be aware of that affect filing timings.

 

This is a long process. You must trust the attorney as he/she has the obligation to provide competent representation to his/her client (your employer).

[t75]

OP,  If your education is in engineering, your credentials may not qualify for IT.  There are significant differences in the training for the two programs (documented by national committees). The requirements of the job are significant.

 

Just because your employer promises a GC does not necessarily mean that you meet the requirements.