Filing Green Card

[shrek2001]

Hi Friends,
My H1 visa expires in Oct 2008. My employer has agreed to file my Green Card but the process hasn't started yet. I am not sure of his intentions How long should I wait to get it filed? I have been hearing that if you have less than a year to complete 6 years of stay on H1 visa, green card cannot be filed! Is this true?? Any help/advice is appreciated.

Sorry, if this is a repost; could not locate a similar query.

Thanks,
Shrek2001

[knowledgeable]

GC can be filed any time

Green Card / Permanent Resident application can be filed any time and from anywhere.

Your GC application is NOT linked to your H1B visa. Your H1B visa tells you how long you can stay in United States and work.

Your GC application is on the basis of future potential employment with the employer who's sponsoring your GC.

If your employer keeps on dilly-dallying your GC apllication, leave him/her and join someone who is nice(r) and you can trust.

GC is a long process and you need to be with someone who'll not take advantage of you in the final stages.

Good luck.

[shrek2001]

Filing Green Card

Thanks for the response. Upon visa expiry, which of the following 3 GC stages needs to be initiated/completed for continued stay in US - Labor/I-140/I485?

Thanks again,
Shrek2001

[georgefilipo]

hey SHREK! I think knowledgeable explained it clearly!... renew your visa before it expires! nothing of the 3 stages requires you a completed stay here, as long as you are in any of legal status here or even a person who is in abroad he or she can apply for a change of status to become a permanent resident (GC) I485 either thru family based or employment base