Expired H1 and Green Card

[bhagatali]

Hi All,

My current H1B visa in US is valid only up to April 2012. My green card processing has just been initiated and it may take at least 3-4 months to file my GC. With the processing of my green card, I am pretty sure that I would have to leave the country before my green card is filed. If all goes well and once the first stage of GC is approved, will I be able to come back into US by getting an extension (and visa stamping) of my expired H1 (even though the GC was filed after the H1 expired)?

Thanks for your time.


Regards
Ali.

[shervin143]

Are you completing all 6 years in your H1B CAP by April (H1B + L1 combined)?

[bhagatali]

Yes. I am completing my 6 years on H1B this April.

Regards
Ali.

[shervin143]

Well, in that case you will not be able to come back unless you spend 1 year outside U.S and file a fresh H1B petition, as the PERM should have been filed 365 days prior to the end of the 6th year or both PERM and I-140 should get approved before the end of the 6th year to apply for the 7th year extension.

If you want to file the 7th year extension based on the approved PERM amd I-140, then you should leave the country immediately with at least 2-3 months left in your 6 year CAP. When PERM and I-140 gets approved, return back to U.S by recapturing the 3 months that You have spend outside U.S. Once you are inside U.S, you can file the 7th year extension based on the approved PERM and I-140.

[bhagatali]

Thank you!!