Need suggestion regarding Green card

[Raaji]

My husband is on H1 and his six years time period is going to expire in Oct,09. He is now working as a full time employee with his employer, where the company is not willing to apply for his Green card.

I have applied for H1 this year and if i get selected in random selection process we are planning to apply for Green card on my name through my employer.

Please go through my concerns and advice me the better way.

1. Can we apply for Green card on my husbands name through other employer.

2. Is it possible to apply for green card on my husbands name as his 6 years H1 expires in Oct,09.

3. If we apply for Green card on my name could my husband continue to stay in US after his 6 year H1 expiration.

Thanks in advance for your great replies.

[txh1b]

1. Yes, if they are willing to sponsor future employment which is what GC is for.
2. The labor has to be filed 365 days prior to 6 years expire for him to get H1b extensions beyond 6 years.
3. He can continue to stay by staying home on a H4 after 6 years but cannot work if you have a H1b approved.

[DMX17]

I think it makes more sense if your husband starts GC as soon as possible in order to get possible extension beyond 6 years. He can start the GC process for any willing employer, not necessarily the same employer that he works for.

[orion]

OP, regarding your husbands GC, I see troubled times ahead. If you get selected in this years H1 random draw, you will start employment only in Oct 08, and thats the time by which your husband's labor must be filed to get H1 extension beyond 6 yrs. That you will be able to apply for green card in the same month you will be eligible to start employment is quite an assumption. Something needs to be done by Oct 08. Something like changing jobs after finding an employer who is ready to start his GC process immediately and file labor immediately.

dmx17, what do you mean here "He can start the GC process for any willing employer, not necessarily the same employer that he works for."?? Sounds fishy to me and smells of fraud.

[DMX17]

dmx17, what do you mean here "He can start the GC process for any willing employer, not necessarily the same employer that he works for."?? Sounds fishy to me and smells of fraud.

An employment-based GC is for future position to be held when the GC is approved. Any employer can start a GC process for a qualified person. I meant to convey the following:

Suppose..

I work for Employer A. Employer B starts GC for me and I continue to work for employer A. When GC is approved (or about to be approved), I join emplyer B and work there for the GC position.

Nothing fishy here.

[txh1b]

Sounds fishy to me and smells of fraud.

Not really. It is legal and allowed as GC is for future employment. An employer that one currently does not work for can file for a labor for a person. All that is required is for the person to work for that employer upon approval of the green card. Oh well, AC21 does not even need that if one changes after 180 days of pending 485.

[orion]

Ah yes, it has been a long day and I was not thinking right. You guys are right. I apologize.