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Immigration Issues/H1B 7th Year Extension

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Question
Dear Mr. Ajay,

I have the following question with regards to my H1B Visa. I am currently on the 3rd year of my H1B and my employer has filed for an H1B extension. What is the right time for my employer to apply for a Green Card so that I can continue to work for them after the 6 years of my H1B visa are done? Are there any other options they/I can consider instead of a GC application so that I may continue working for them?

Thank you in advance and I appreciate any help on this!

-Ishita

Answer
Hi,

The GC process is independent of your current nonimmigrant visa status. Since H visa status allows for intention to immigrate to the U.S., the GC process can be started anytime through the filing of a PERM (also known as application for labor certification) application by your employer: www.h1b1.com/laborcert.htm

The employer should file the PERM application before you complete five years in H1B status. Thus, the PERM application will be pending for at least one year before you complete the aggregate of six years in H1B status. This will allow you to extend H1B status beyond six years.

You can contact our law firm at 212-268-3580 during business hours, or email info@h1b1.com for additional guidance.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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