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GC in 2nd Year of H1

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  • GC in 2nd Year of H1

    Hello All,

    I have been on h1 since Sept 2007 (F1->OPT->H1).
    My company is willing to file my GC petition under Employment EB2 category.
    My current LCA is valid until July 2010.

    My question is - If I file for GC now, will I able to renew my H1 for another three years in July 2010 when my current labor expires? OR once I file for GC I can only get 1 yr extensions on my H1. My company is ready and willing now, but they may not support filing my h1 extensions every year - which is why I am applying for GC this early.

    Thanks in advance!

  • #2
    Your understanding of the whole deal is flawed. You need to do some more reading.

    You get 3 year extensions for H1 until the first 6 years. After that, if the I140 is approved, you get 3 year extension. If the Labor is the only thing approved/pending which was filed at least 365 days prior to H1b expiry, you get 1 year extensions.

    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.

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