I work for one of the big 4 US IT consulting firms. I am currently in 5th year of H-1B and my employer is delaying my GC initiation. I have couple of queries -
1) I came to US first on B1/B2 in March 2003 for 3 weeks and then again on B1/B2 in July 2003 for 5 weeks (Total 8 weeks on B1/B2 in 2003). I finally came to US on December 1,2003 on H-1B and I am here on H-1B since then. I went to India 3 times on small vacation trips, which accumulate to total 13 weeks. When is my H-1B visa 6 years stay completing - December 1, 2009 or beyond? a) my vacation time out of USA is added to my stay? b) Do my stay on B1/B2 also counted in the 6 years period of H-1B?
2) I Understand that my GC Labor Certification should be applied before I enter into 6th year of H-1B for one year subsequent extensions after completing 6 yrs. My question is how long it takes for my employer to bring my GC Labor in 'apply' or 'pending' status (whatever status is needed to extend H-1B for a year after 365 days)? I mean is there some minimum time lost in that process as well?
Please help me out, as I'm negotiating to start GC Labor process with my current as well future employers and I need better idea of timelines. Thanks in advance.
1) I came to US first on B1/B2 in March 2003 for 3 weeks and then again on B1/B2 in July 2003 for 5 weeks (Total 8 weeks on B1/B2 in 2003). I finally came to US on December 1,2003 on H-1B and I am here on H-1B since then. I went to India 3 times on small vacation trips, which accumulate to total 13 weeks. When is my H-1B visa 6 years stay completing - December 1, 2009 or beyond? a) my vacation time out of USA is added to my stay? b) Do my stay on B1/B2 also counted in the 6 years period of H-1B?
2) I Understand that my GC Labor Certification should be applied before I enter into 6th year of H-1B for one year subsequent extensions after completing 6 yrs. My question is how long it takes for my employer to bring my GC Labor in 'apply' or 'pending' status (whatever status is needed to extend H-1B for a year after 365 days)? I mean is there some minimum time lost in that process as well?
Please help me out, as I'm negotiating to start GC Labor process with my current as well future employers and I need better idea of timelines. Thanks in advance.
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