H1B Extensions and GC processing timelines Question

[rajyadav]

Hi,

Firstly, let me thank immihelp for all the wonderful help being provided. I have few questions related to H1B extensions and GC processing time lines.

Here is the background-

I initially came to US on L1B visa on May 2010 and left US in May 2011.
L1 Visa issue date - March 2010.
L1 Expiry date - Jan 2013.

Came back to US again on H1B in March 2012 through Company A
H1B Visa issue date - Nov 2011
H1B Expiration date- Sept 2014

Got H1B transferred to Company B in Jan 2013.
New H1B Visa validity is from Jan 2013 until December 2015.

Here are my queries-

1) My current I797 has validity of my VISA until Dec 2015. Can I recapture the time for the period when I was in India when i was on L1B visa ? If so, how much more time I would have to complete my 5 years in US ?

2) My Company B is preparing to file my PERM process and its almost been a year since the processing was started ( they are very slow ). They currently got PWD processed and now in process of advertisement and would take another 2 to 4 months to file for my Labor process. Do I still have time for them to process and get approvals for Labor and I140 ?

3) My other concern is , Company B is taking more time to do processing for GC..Is it safe to join Company C as they promised to start GC as soon once I join them. I am not sure if I would have sufficient time left for them to process my GC ,in case if I join Company C ?

Thanks in advance !!

R.Yadav

[rajyadav]

Any ideas please ?

Any ideas ?

Regards
R.Yadav

[rajyadav]

H1B Extensions and GC processing timelines Question

Hi everyone,

Could some one assist here please..

Here is the background-

I initially came to US on L1B visa on May 2010 and left US in May 2011.
L1 Visa issue date - March 2010.
L1 Expiry date - Jan 2013.

Came back to US again on H1B in March 2012 through Company A
H1B Visa issue date - Nov 2011
H1B Expiration date- Sept 2014

Got H1B transferred to Company B in Jan 2013.
New H1B Visa validity is from Jan 2013 until December 2015.

Here are my queries-

1) My current I797 has validity of my VISA until Dec 2015. Can I recapture the time for the period when I was in India when i was on L1B visa ? If so, how much more time I would have to complete my 5 years in US ?

2) My Company B is preparing to file my PERM process and its almost been a year since the processing was started ( they are very slow ). They currently got PWD processed and now in process of advertisement and would take another 2 to 4 months to file for my Labor process. Do I still have time for them to process and get approvals for Labor and I140 ?

3) My other concern is , Company B is taking more time to do processing for GC..Is it safe to join Company C as they promised to start GC as soon once I join them. I am not sure if I would have sufficient time left for them to process my GC ,in case if I join Company C ?

Thanks in advance !!

R.Y

[raghvi]

1.. First thing you have do is sit down and calculate how many physical days you have spent in US , either in L1 or in H1 status. Once you have done that, if the time spent in US is less than 6 Year then yes, the remaining time can be recaptured. It seems you do have around 2 Years still remaining but do the actual calculation and see for yourself.
2. 1+ Year just to file PERM seems too stretched, it seems they are purposefully delaying things. Ask them openly if they are really interested or not. If my rough calculations are right, and you indeed have 2 Years remaining in 6 Years physical stay completion then, yes, you still have time. But you go to rush the employer.
3. Well if C is really serious they do have time to file your GC timely.

This is my opinion not legal advice.