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Hello - wondering if anyone can help me. My H1B expires at the end of march/2016 (I am in my final year). Do I have enough time to file/get approved a DOL cert? I know after the approval, you have to file the I-140 then I-485 - but was wondering if anyone has any thoughts/comments? Thanks
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Hello Upstateman36,Originally posted by Upstateman36 View Post
Seems like you only have about eight months left until your H1b expires. You employer can start the process by filing a Department of Labor Certification ( necessary in order to file for I-140 and I-485). Normally this process takes a long time ( to be safe more than 1 year from the date you start).
One option you could have is to tell your employer to start the process ( get with an immigration lawyer on this ). In order to keep yourself in status while you hear back on your DOL cert and later on your I-140, you can go back to school and take courses as an F1 international student. Another option would be to leave the country and wait for the green card on your native country. However, I do not recommend leaving the country. If I was in your case, I would opt to go back to school and remain in status as an F1 student while I hear back.
Upstateman36, these were me suggestions as I am currently in a position like yours. You should contact a lawyer to better guide you in this process, specially in the green card process.
Best of luck!
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