H1B approved petition & I-94 more than 6 years by uscis; Can i stay beyond 6 years ? When to start GC


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I came to US on April 2008 on L1B and i have stayed on L1B for 4 years, 6 months and then i transferred to H1B and

I got new H1B petition including new I94 till June 2015; where as my 6 year period excluding the time outside US ends by July 7th 2014.


Can someone please kindly help me in clarifying the below questions.

  • Is it legal for me to stay more than my 6 year period  in US (by July 7, 2014) even though uscis has given my H1B till June 2015.


  • When should the  GreenCard process be started for me? Do i need to have both my labour and I140 approved before  6 year  period (July 7, 2014).  OR     Can i start Green card after July 7th 2014.

It would be great help if anyone can update me about these questions. Thank you!





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Hi, Thanks for your inputs. I am in similar situation where in I would complete my 6 years stay in US (excluding any timeaway from USA) in Jan 2014. My employer has filed for PERM with department of Labor on 06-JUN-2013 under EB2 category and approval is awaited at this stage. Can you please suggest what are the next steps (such as filing I-140 etc) and what other approvals need to be obtained before I could extend my stay beyond JAN2014 accordingly?

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