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Immigration Issues/Green Card Filing Question

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Question
Hi Ajay,

I am on my 6th year of H1 residing in US. My Visa will expire in Sept 2011. Can i apply for my Green Card immediately or is there any condition that Green Card can be filed before 1 year of Visa expiration

Thanks in Advance
Chandra

Answer
Hi,

In order to extend H1B status beyond six years, your employer must start the green card process through the filing of a PERM application for you (also known as application for labor certification). Certification of PERM by the Department of Labor, and subsequent filing of an immigrant petition (Form I-140) with the USCIS will eventually lead to a green card.

Ideally, the PERM application would have been filed at least one year before Sept. 2011, but it is not too late. Technically the PERM application should be pending for one year, or I-140 approved, in order to extend H1B status beyond six years. However, in some cases PERM is approved within one month of filing, and I-140 can be filed through premium processing, capable of resulting in approval of I-140 within 15 days of filing. Thus, H1B status can be extended beyond six years based on I-140 approval. Information about PERM is here: www.h1b1.com/laborcert.htm

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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