Labor filing

[BradleyR85]

Hello,

 

My H1 B expires in Nov, 2014. My company has started the process. I have a question regarding the green card processing.

 

Does Labor have to be approved before the end of 5 year period or does labor need to be filed before the end of my 5 year h1 B. Please clarify.

 

Thanks.

[omshiv]

Labor can be filed anytime..what exactly is your curiousity? If you meant in order to extend your H1 then yes...your Labor needs to be approved atleast for a year in order to extend your H1 after the 6th yr...also approval of I-140 should also do.

[rahul412]

Hello,

 

My H1 B expires in Nov, 2014. My company has started the process. I have a question regarding the green card processing.

 

Does Labor have to be approved before the end of 5 year period or does labor need to be filed before the end of my 5 year h1 B. Please clarify.

 

Thanks.

Labor can be filed at any time. It is no way related to your H1 since GC and H1 are different.

[rohang]

Labor need to be filed before end of 5yr, so that in worst case you can extend H1b on basis of 365 pending rule.

[BradleyR85]

Thank you. If labor is not filed by end of 5 yr period, what are other alternatives for me to stay in US?

[omshiv]

Thank you. If labor is not filed by end of 5 yr period, what are other alternatives for me to stay in US?

 

Nothing..even if your employer files your Labor in the 6th yr..pray that your Labor approves soon and also your I-140 is applied in PP and that too approves sooner...else after 6th yr you'l have to stay outside US until I-140 is approved in order for your employer to extend your H1B (you'll be cap exempt)

[BradleyR85]

Thanks a lot for the information. Really appreciate your timely responses.