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Time left on my H1 and LC question

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  • Time left on my H1 and LC question

    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.

  • #2
    Don't you have access to corporate immigration lawyers if you work for top 4 consulting company?

    H1b stay on US soil counts towards the 6 years.

    Labor has to be applied 365 days in advance with a 2 month advertising and hold period and 1 month prep time to get extension beyond 6 years or you should have the labor and I140 approved before you complete 6 years if labor was not applied earlier. It also depends on how quick the law firm and HR are in getting the paperwork done.

    USCIS has re-instated the premium process for I140 for certain situations but they can change it anytime. If I140 doesn't get approved before your 6 years, pack up will be the option.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


    • #3
      Thanks for quick response on the queries. This means -

      1) My 6 years on H1B are completing around end of February, 2010
      2) It roughly takes 2-4 months to file for LC, provided there are no hiccups on documentation and by the lawyers.

      Thanks again.