H1 VISA extension and Start GC Application - Need your help!!

[kadkhiq81]

Hello Everyone,

Have 4 Yrs of education in Engg and 8.5+ years of experiencein IT. My employer is ready to initiate my GC proces However my H1 get expired on Feb 2014. I am currently in the process of getting my Passport renewal (as it is going to expire on Jan 2014 as well) .

Now, My question is that, If I start my GC Process now, Will there be any issues for H1 extension? If yes, Is that safe to initiate the process after my H1 extension? Please help me to understand all the pros and cons of this move.

Thank you for your time!!

[bkwld]

Should not be an issue as H-1B is a dual intent visa. H-1B holder can have legal immigration intent (apply for GC) while still a holder of the visa. You must be in status when applying for GC. Strategy would be to keep your H-1B status going until you obtain actual GC just in case you are denied, you still have visa.

[kadkhiq81]

Thank you very much Bkwld,

GC Processing fee amount need to be shared between me and my employer. If in any case my h1 extension got denied, Do you think all the money that I have spent on GC process, would go in vein? Can I apply H1 Extension through other employer ? If yes, Can I still utilise that GC process?

Or Would you suggest me to initiate GC process after my extension approval? Please direct me.


Please also note that I have moved to this country only 5 months ago.

[bkwld]

Like I said H-1B is dual intent, there is no risk to each application. It all depend on your qualifications.
If you have an opportunity to file for GC, sooner than later. Review your qualification with an attorney.
Goo luck to you.