H1B expiring within a week and GC application

[danga]

Hello,
 

Currently I am on h1b visa and it expires within a week (completed 6 years including India vacation time). I requested my employer to file GC in April 2014, but got to know recently that it has never been filed. Until now only thing decided was category and job description for filing GC.  could you please help me with below questions

1) My spouse on h1-b and can i go on h4 and start the GC process

2) if my employer/attorney apply for PERM or i-140 after my visa expires, will I be able to extend my current h1b visa after i-140 pending for 365 days or approved

Or I have to go for new h1b and through the lottery system
 

3) also for the new h1b or old h1b extension , do I need to leave the US

[pontevecchio]

1.Your company can start the GC process even if you are in H4 status.

2. In short, Yes.

3. Not always. It depends.

 

Does your spouse have an approved I-140 by any chance?

[danga]

thanks pontevecchio!!

my spouse got h1b extension just now.

for question 2, the answer was yes. but not sure what is correct one , do i have to file for new hab through lotoery or can i use the current expired h1b for work permit.

 

 

thank you

[vaish123]

As I Know,

 

1. GC can be filed even if you dont have a job, or In india.

2. You can use your old H1B for extension, Ideally you would like to keep a week or so on H1B in case of any contradiction.

3. Check with any legal authority in Immigration.