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Filing GC in the 6 year of H1B

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  • Filing GC in the 6 year of H1B

    Hi.

    one of my colleague would finish his 6 year period for his H1 in Jan 2015, 10 months left. Is it possible to start GC processing at this point. Had couple of questions

    Heard that PERM takes approximately around 3-4 months now adays and on filing/approval of PERM the H1 petition can be extended in increments of an year. If at all that is possible, is there a trend that PERM's filed in the 6th year are more prone to RFE's/Audit, which could affect his desire to stay in the U.S.

    Some website's say filing PERM in the 6th year doesnt entitle for the 1 Year H1 extention which would normally apply if its filed before end of the 5th year, is it true? which means he needs to look forward to an approved I140 (Premium processing) if hes lucky to get his PERM approved in 3-4 months. What is the normal period with in which the I140 should be approved under Premium processing, provided there are no RFE's/Audit.

    Any other suggestions or Options

    Would appreciate your help

    Thanks

    Raj

  • #2
    Originally posted by rajnair_p View Post
    Hi.

    one of my colleague would finish his 6 year period for his H1 in Jan 2015, 10 months left. Is it possible to start GC processing at this point. Had couple of questions

    Heard that PERM takes approximately around 3-4 months now adays and on filing/approval of PERM the H1 petition can be extended in increments of an year. If at all that is possible, is there a trend that PERM's filed in the 6th year are more prone to RFE's/Audit, which could affect his desire to stay in the U.S.

    Some website's say filing PERM in the 6th year doesnt entitle for the 1 Year H1 extension which would normally apply if its filed before end of the 5th year, is it true? which means he needs to look forward to an approved I140 (Premium processing) if hes lucky to get his PERM approved in 3-4 months. What is the normal period with in which the I140 should be approved under Premium processing, provided there are no RFE's/Audit.

    Any other suggestions or Options

    Would appreciate your help

    Thanks

    Raj
    GC processing can start any time. 10 Months time is really going to be a tough call. If no RFEs or Audits then there are some outside chances of getting I140 approved by then.
    Yes, you are right, PERM filed less than 365 Days before 6th Year completion arent eligible for 1 Year extensions, the only hope for such cases would be getting I140 approved before 6th Year completion.

    Generally it takes 6-8 Months for I485 approval if no audit.

    This is my opinion not legal advice.

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