GC processing in 6th year of H1B

[desi_guy]

Hi,
My H1-B Expires in march 2010, but considering the entry/exit dates(I-94) - I will be completing 5 years in nov 2008.
My query:
1. Can I file for GC processing in 6th year (i.e. some time after nov 2008 but before march 2009)

Thanks in advance

[txh1b]

Can you? Yes. Will that give you extension past the 6the year? No unless the I140 gets approved before you complete 6 years. Even if the petition is approved erroneously past the 6 years, it isn't legal without you satisfying the requirements to stay past it.

[desi_guy]

thanks

Can we apply for premium processing of I-140 for EB2/EB3 Category ...

TIA

[karthikdinakaran]

Hello Txh1b ,

My scenario is also bit similar.

My 2nd H1-B expires on Sep-2010. But am in my 3rd year in US for the 6yrs
H1 time frame.

My Labor is filed recently and will be expected to file I-140 before
end of 2009.

Provided everything goes smooth, by sep-2010 i must be in a position whr am applied I-140 and waiting for approval. (Least possiblity)

In this situation what happens to my status ??

Your expert replies counts a lot.

Thanks In Advance.

[txh1b]

If you are in your third year and a labor is filed, what is your problem? Nothing but paranoia. You will be fine.

H1b can be extended again till you complete 6 years and past that if labor is pending for more than a year.