H1 and Green card

[ajmer1981]

Hi,

 

I entered the US in Jan, 2008 on H1B visa.

 

- I currently work for Company A as a Product manager.

- Company A currently holds my H1B visa.

- Company A started the GC process, but won't be any good as the H1 time is about to run out (as i am approaching end of 6 years).

 

So, my H1 visa expires in Jan 14, 2014. I can get up to March 2014, based upon the 2.5 months that can be recaptured as i stayed in india for that long during my 6 year visa tenure.

 

My current CTO is starting a start-up (let's call it Company B) and wants me to work with him as a Product manager as well.

Also, He is OK with me working remote (from India) for a few months.

 

So, my plan is:

- I can transfer my H1 with company B (expedite it) right away, and apply for extension till March, 2014 end based upon the time I can recapture as i stayed in India for 2.5 months during this 6 year period.

 

- I can start the GC process ASAP with company B.

 

- After that i can work from India for a few months (in US hours, and be on Company B's payroll), while my Labor comes through (around June, 2014 if we can file it around Dec, 2013) and I-140 gets approved, and my H1B extension (for 3 years) comes through.

 

- Then i can re-enter the US and continue working for Company B.

 

My question is: Do you see any legal loopholes with this process I'm thinking?

 

Thanks for all your help!

[omshiv]

Your understanding is absolutely correct. Company B can sponsor your GC and once the PERM gets approved and I-140 is filed in PP you may enter the US after H1 extension.