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Green Card Applied but H1 is expiring

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  • Green Card Applied but H1 is expiring

    Hi,

    My H1B visa is expiring March 2012 and this is the end of my 6 years. My company just filed for my green card. It is very likely that my visa will expire before I reach any stage on my Green Card. My wife is also working in US on a L1. This is her first US visa and her L1 is expiring in June 2012. Here are my questions:

    1) I am not very familiar with the green card process. So, what stage should I reach on the green card processing that will allow me to renew my H1?
    2) Is it possible that I reach that stage before March 2012?
    3) Are there any options visa wise that I can change to so that I can continue working. The company I work for wants to retain me. For instance, can I go to India in March 2012, apply for a blanket L1 petition and come back to US?

    Thanks for your help.

    Regards
    Ali.

  • #2
    1) I am not very familiar with the green card process. So, what stage should I reach on the green card processing that will allow me to renew my H1?
    >>> Your PERM should have got filed 365 days prior to your 6th year end to get the 7 th year extension. If filed later, then your PERM and I-140 should get approved before your 6th year end to file the 7th year extension. If not, then you have to spend 1 year outside U.S to work again in H1B or L1.

    2) Is it possible that I reach that stage before March 2012?
    >>> No one can predict. If the PERM gets approved, ask the employer to file I-140 in premium to get the result within 15 days. You can also leave the country 3 months before the 6th year end. Once I-140 gets approved, recapture the 3 months and return back in H1B and file the 7th year extension.

    3) Are there any options visa wise that I can change to so that I can continue working. The company I work for wants to retain me. For instance, can I go to India in March 2012, apply for a blanket L1 petition and come back to US?
    >>> All the option are given to you in answer 1 and 2. Other than that, there is no other option other than to spend 1 year outside U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

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