Priority Date - 1999, H1B expiring in June, 2014


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My H1B is expiring in Jun, 2014. I work for big consulting company. My attorney says - they will file the labor next week (PERM is done). What are the chances that I will get labor cleared before Jun, 2014?.  My priority date is in 1999. I was india few years before coming back to US six years ago. Can I stay in US legally when the labor is on?

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Sorry for the confusion. I got my labor and I-140 cleared back in 1999.  My company iniating GC from the beginning in EB3 category. I fought for EB2, but it doesn't matter as the dates are current for EB2/EB3. As per my attorney the dates are current for India. Will the NEW labor get cleared before Jun, 2014, so that I can file 1 year extension? They cannot file the extension based on earlier labor approved.

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My current employer says - They can't file H1 extension based on earlier Labor/approved I-140 as the priority date is current. He is again pursing GC process from scratch by applying labor in first week of Dec, 2013. What chances do I have to stay in this country legally beyond Jun, 2014? - if I the labor doesn't get approved by Jun, 2014.

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You can pursue what you said with your current employer. However it's seemd difficult to get things lined up before your H-1b expires.

Please check with your employer who filed your GC and have approved I-140 with PD of 1999. If he is ready, you could request him if you could file I-485 with a job letter from him. When you get EAD, you could join him.

I would like to hear from others if they have different opinion.

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