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Hello,
Following are my H1b visa details -
First H1B Visa (Current employer)
Approval date - 1st Oct 2013
Expiry date - 31 Aug 2016
Second / renewal H1B Visa (Same employer)
Approval date - 1st Sept 2016
Expiry date - 31st Aug 2019
Total time spent outside the country ~ 4 months.
I am currently going through the green card process through my current employer but I just completed the PERM recruitment process with them so the I-140 would still take another six months or so
I am currently discussing employment with a bank, a role I really like compared to my current role, and would like for the bank to restart my green card process right away. I am OK with giving up the PERM process with the current employer.
I have a few questions about this -
1) Since my first visa started on 1st Oct 2013, even though my current visa expires on 31st Aug 2019, technically my six years should get over on 30th Sept 2019. Is that accurate?
2) When taking the decision regarding my green card filing, will my prospective employer include the following in the amount of time I have on my H1B visa - a) the one month between 31st Aug and 30th Sept, 2019 and b) the 4 months spent outside the country that I am entitled to recapture? In other words, will the bank consider the time I have on my H1b as 19 months or 19 + 1 +4 = 24 months ?
3) Even if their decision is based on just the 19 month period, do they have enough time if they apply for my green card right away?
4) Is their any legal reason (apart from the typical 12 month wait period policy that companies have to review performance before applying) for them to not be able to start the green card process right away?
5) When they apply for my H1b visa transfer, what expiry date should I expect on my new visa? Would it be the same as my current visa?
6) Is it possible for the lawyers to recapture the 1+4 month period when applying for my visa transfer so that my visa expires on 31st January 2020, instead of 31st August, 2019?
Appreciate any help with the above.
Regards,
Sid Jain
Following are my H1b visa details -
First H1B Visa (Current employer)
Approval date - 1st Oct 2013
Expiry date - 31 Aug 2016
Second / renewal H1B Visa (Same employer)
Approval date - 1st Sept 2016
Expiry date - 31st Aug 2019
Total time spent outside the country ~ 4 months.
I am currently going through the green card process through my current employer but I just completed the PERM recruitment process with them so the I-140 would still take another six months or so
I am currently discussing employment with a bank, a role I really like compared to my current role, and would like for the bank to restart my green card process right away. I am OK with giving up the PERM process with the current employer.
I have a few questions about this -
1) Since my first visa started on 1st Oct 2013, even though my current visa expires on 31st Aug 2019, technically my six years should get over on 30th Sept 2019. Is that accurate?
2) When taking the decision regarding my green card filing, will my prospective employer include the following in the amount of time I have on my H1B visa - a) the one month between 31st Aug and 30th Sept, 2019 and b) the 4 months spent outside the country that I am entitled to recapture? In other words, will the bank consider the time I have on my H1b as 19 months or 19 + 1 +4 = 24 months ?
3) Even if their decision is based on just the 19 month period, do they have enough time if they apply for my green card right away?
4) Is their any legal reason (apart from the typical 12 month wait period policy that companies have to review performance before applying) for them to not be able to start the green card process right away?
5) When they apply for my H1b visa transfer, what expiry date should I expect on my new visa? Would it be the same as my current visa?
6) Is it possible for the lawyers to recapture the 1+4 month period when applying for my visa transfer so that my visa expires on 31st January 2020, instead of 31st August, 2019?
Appreciate any help with the above.
Regards,
Sid Jain
