H1b term left and GC process

[ihaveh1b]

My H1b expires after 8 months and then I will complete my 6 yrs of H1b. My employer doesnt process greencard. Recently I got an offer from an employer who wants to place me in a 6 month assignment. He says that he can initiate GC process,. As much as I know, you should start your GC process 1 year before H1b end time but he claims that we can and it will still work even when there is a chance of me leaving USA for sometime
I am all confused.. pl help. Can GC process initiated with just 8 months left?? Whats the risk?
Sorry for my ignorance

[shervin143]

The process can certainly be initiated. But in order for you to file the 7th year extension, both PERM and I-140 should get approved. Whether both PERM and I-140 will get approved within this short timeframe is the question. Nowadays, prevailing wage takes about 1.5 to 2.5 months. The AD for PERM should be for 1 month. The another 1 month of quite time. Only then PERM can be filed. It takes anywhere between 3-6 months to get the PERM approved. Once PERM gets approved, it takes about 2-3 months for I-140 get approve in normal process and 15 days by premium. In between the time the lawyers will take to prepare the documents. Take all these into account and see if it is really feasible to get both PERM & I-140 before the end of your 6th year period.

[ihaveh1b]

The process can certainly be initiated. But in order for you to file the 7th year extension, both PERM and I-140 should get approved. Whether both PERM and I-140 will get approved within this short timeframe is the question. Nowadays, prevailing wage takes about 1.5 to 2.5 months. The AD for PERM should be for 1 month. The another 1 month of quite time. Only then PERM can be filed. It takes anywhere between 3-6 months to get the PERM approved. Once PERM gets approved, it takes about 2-3 months for I-140 get approve in normal process and 15 days by premium. In between the time the lawyers will take to prepare the documents. Take all these into account and see if it is really feasible to get both PERM & I-140 before the end of your 6th year period.

Thanks,
What if PERM and I-140 doesnt get approved till then? I know i would have to leave the country but will the process end there itself or will it continue to go on with me out of US?

[shervin143]

The process can go on as long as the employer wish to continue even after you have left the country.

Thanks,
What if PERM and I-140 doesnt get approved till then? I know i would have to leave the country but will the process end there itself or will it continue to go on with me out of US?