Is it late for the GC application

[neetamondal]

Hi,

I am in US since 2009. My H1-B expires on 6th Feb 2015. I have initiated talks with my employer to get the paper work together to file the GC.

Am i really late and have no options left?

My friends tell me i am late and nothing can be done now and I need to leave the country? I am yet to get a response for the Immigration dept of my employer.

a response to my concern will help me look at different options .

Regards,
Neeta

[raghvi]

Hi,

I am in US since 2009. My H1-B expires on 6th Feb 2015. I have initiated talks with my employer to get the paper work together to file the GC.

Am i really late and have no options left?

My friends tell me i am late and nothing can be done now and I need to leave the country? I am yet to get a response for the Immigration dept of my employer.

a response to my concern will help me look at different options .

Regards,
Neeta

First thing you got to determine is; Since 2009 how long have you physically been present in US on H1/L1 status ? Dont include vacations outside US, etc. If your 6 Years limit is completing in Feb 2015, then yes, you pretty much dont have many options to continue staying in US and work, unless you have a spouse and you can plan for a dependent visa.

Secondly, GC can be initiated anytime, so even if you have to leave , if your 6 Year stay is completing, you can still ask employer to file GC, leave US while some time still remanining in H1 , and once GC is pending for 365 Days or I140 approved, whichever is earlier, file H1 extension and re enter US. This way you avoid having to go through the cap and a potential lottery and potentially minimise the time to spend outside US.

This i smy opinion not legal advice.

[neetamondal]

First thing you got to determine is; Since 2009 how long have you physically been present in US on H1/L1 status ? Dont include vacations outside US, etc. If your 6 Years limit is completing in Feb 2015, then yes, you pretty much dont have many options to continue staying in US and work, unless you have a spouse and you can plan for a dependent visa.

Secondly, GC can be initiated anytime, so even if you have to leave , if your 6 Year stay is completing, you can still ask employer to file GC, leave US while some time still remanining in H1 , and once GC is pending for 365 Days or I140 approved, whichever is earlier, file H1 extension and re enter US. This way you avoid having to go through the cap and a potential lottery and potentially minimise the time to spend outside US.

This i smy opinion not legal advice.

thanx raghvi.. I got a similar response from Immi dept of my Employer. The First step is Prem Labor certification. they say it takes around a year to get that. So if i understand correctly, assuming they file for the Labor I need to leave US before 6th Feb 2015 and then wait till i hear from them ?

[neetamondal]

thanx raghvi.. I got a similar response from Immi dept of my Employer. The First step is Prem Labor certification. they say it takes around a year to get that. So if i understand correctly, assuming they file for the Labor I need to leave US before 6th Feb 2015 and then wait till i hear from them ?

raghvi.. My husband is also on visa..do I need to travel outside US in that case once My employer files my GC or can i get on to dependant visa and stay in US even though my H-1B expires. I dont think i can work while on dependant visa correct?

[raghvi]

raghvi.. My husband is also on visa..do I need to travel outside US in that case once My employer files my GC or can i get on to dependant visa and stay in US even though my H-1B expires. I dont think i can work while on dependant visa correct?

How much time is remaining on his H1? What about his GC stage?

If your spouse is also on H1 then here is what I suggest you do. Firstly, Get the employer to file your PERM as soon as possible.

A month or so before your H1 expiration file a I539 Change Of Status from H1 to H4 for yourself and stop working. Then you basically have to wait for PERM pending for 1 Year or I140 approval whichever happens earlier. Once PERM is pending for 1 Year or I140 approved, you can file for your H1 extension and COS back from H4 to H1 based on AC21. Once the COS to H1 is approved you can start working.

With existing laws and timelines, I think you have to brace yourself for at least 8-10 Months of out of work period on H4.

This is my opinion not legal advice.

[neetamondal]

How much time is remaining on his H1? What about his GC stage?

If your spouse is also on H1 then here is what I suggest you do. Firstly, Get the employer to file your PERM as soon as possible.

A month or so before your H1 expiration file a I539 Change Of Status from H1 to H4 for yourself and stop working. Then you basically have to wait for PERM pending for 1 Year or I140 approval whichever happens earlier. Once PERM is pending for 1 Year or I140 approved, you can file for your H1 extension and COS back from H4 to H1 based on AC21. Once the COS to H1 is approved you can start working.

With existing laws and timelines, I think you have to brace yourself for at least 8-10 Months of out of work period on H4.

This is my opinion not legal advice.

Raghvi:

My husband H1-B is valid Till 16th Jan 2017. His GC status is approved 1-140 in EB3. My Employer has started the paper work for my Perm ...however its my understanding its going to take some time.. If I want to continue to work after my H1 expires do i have options ? Like traveling outside US and working ...

[raghvi]

You can certainly work outside US if your employer is fine with that.

Also, there is a proposal to allow certain H4s to work whose GC is in an advanced stage, you might want to await till it becomes a law.

Until the law is passed that allows H4 to work OR your PERM is pending for over a year OR your I140 is approved , the only option for you to work beyond 6th Year would be outside US.

But do remember , do not exhaust your entire 6 Years by staying on H1 in US, keep few weeks remaining.

This is my opinion not legal advice.