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Green Card EB1 with less than a year left on H-1

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  • Green Card EB1 with less than a year left on H-1

    Hello Experts,

    I have just 10 more months left on my H-1B (6 years limit). My employer has agreed to file GC in EB1 for me (I qualify the International Manager criteria). My questions are:

    1) Is it even possible to get the Green Card processed (me and my wife) when only 10 months are left on my H-1 or are the GC process and H-1 expiry totally independent processes
    2) If I don't want to go back to India during this entire process, then is 10 months sufficient time to get the Green Card initiated in EB1 and then receiving the necessary documentation to get my visa extended beyond 6 years?

    Please help

  • #2
    Originally posted by VijayUS View Post
    Hello Experts,

    I have just 10 more months left on my H-1B (6 years limit). My employer has agreed to file GC in EB1 for me (I qualify the International Manager criteria). My questions are:

    1) Is it even possible to get the Green Card processed (me and my wife) when only 10 months are left on my H-1 or are the GC process and H-1 expiry totally independent processes
    2) If I don't want to go back to India during this entire process, then is 10 months sufficient time to get the Green Card initiated in EB1 and then receiving the necessary documentation to get my visa extended beyond 6 years?

    Please help
    Since you dont have a GC filed 365 days before your 6th Year Limit you may not qualify for an extension beyond 6 Years. GC Filed under EB1 or otherwise.

    Read more at



    Also EB1 if not on L1A is for extraordinary ability, with papers published, contribution to the magazines, journals etc. and international recognition of the ability. RFEs are more for EB1, but if you do qualify for EB1 you may have an outside chance of getting extension beyond 6 Years.

    This is my opinion not legal advice.
    Last edited by raghvi; 12-07-2012, 03:11 PM.

    Comment


    • #3
      Thanks and Follow up

      Originally posted by raghvi View Post
      Since you dont have a GC filed 365 days before your 6th Year Limit you may not qualify for an extension beyond 6 Years. GC Filed under EB1 or otherwise.

      Read more at



      Also EB1 if not on L1A is for extraordinary ability, with papers published, contribution to the magazines, journals etc. and international recognition of the ability. RFEs are more for EB1, but if you do qualify for EB1 you may have an outside chance of getting extension beyond 6 Years.

      This is my opinion not legal advice.
      Thanks for your input. I have three follow up questions in that case:

      1) If my employer files for EB1 now and then I dont get a beyond 6 year extension. Can I go back to India and then come back when my Green Card has been processed? I mean will going back to India affect my EB1 application?

      2) Let us suppose my employer files for EB1 now for me. After 10 months, my H-1B expires then can I go on H-4 on my wife's H-1 for some time till I get the green card?

      3) Lastly, if by luck i get my green card before 10 months, then there are no complications of leaving the country and then coming back. Correct?

      Please let me know

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