H1B Expires at end of year, didn't apply for GC before end of Year 6....

[forthiola]

Hi - I am a British male that came to the US on a student F-1 visa in 2002 and was accepted for a H1-B in 2007. I did a H1B transfer and started working for my current employer at the end of year 5 of my H1-B status. I am now in year 6, and my H1-B visa will end 1/1/14 (including reclaimed days).

 

I am worried that because I did not file for green card status before starting year 6 that I am unable to apply for an employee sponsored green card. Is this correct? I have been watching the Immigration Reform Act hoping there is a provision for people in my situation but fear the worse. 

 

So far I've been told my options are:

 

1. Leave the country for a full year so my H1-B allowance resets to 6 years. Reapply in April 2015 and start working in October 2015 (22 months later).

 

2. Start the employee sponsored green card process now, leave the country, and hope it gets approved sooner than the 22 months.

 

3. Marry my girlfriend, file relevant paperwork and continue working. 

 

Are there any other options available so that I can continue my career in the USA? 

 

My dilemma is that I don't want to make a lifetime decision based on an immigration decision and therefore would like to resolve my immigration independently so my relationship can develop naturally. 

 

For example, could I enrol in a weekend MBA class that is equivalent to 12 college credits so I can stay under an F-1 and continue my job? Any other options??

 

Any advice or recommendations you have are very much appreciated!

[GNH]

You will have to leave the country when your H1B expires. The F1 option is not actually an option as you have to physically leave the country before you are eligible for another H1B.

 

I would suggest asking the employer to start the PERM process while you stay outside the country for about 8-9 months. This 8-9 months time can be reclaimed from your existing H1B and will be enough time for the PERM process to be done. This way the PERM will be filed 365 days before your H1B expires (including the 8-9 months you will stay outside the country). Trying for a fresh H1B is the worst option as nowadays it is back to being a lottery.