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greencard when H1b extension gets rejected

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  • greencard when H1b extension gets rejected

    Hi,
    I am currently working on H1B visa here in US.
    My employer is going to start the Green Card process in this year October.
    I have heard that if we get the first level of approval for our Green card, then USCIS will have no reasons to reject the H1B extensions.
    My question is , if the above statement is true then what is the first level of approval? Is it approval of labor certification or approval of I-140?
    If above statement is not true then what will happen to my GC process if my H1b extension gets rejected?
    Kindly help.

  • #2
    Well, that's not true. H1 extn has nothing to do with the GC process, as long as you did not max out (6 years stay in US). If you max out on H1, extn is possible only if
    1. PERM (1st stage of GC) was applied more than 1 year before to the H1 max out. OR
    2. PERM and I140 (2nd stage), both got approved before you max out.
    Also, your employer can continue the GC process even if your H1 extn got rejected, as GC is for future employment.

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