H1 Visa not extended/expired during Green Card application

[Ok Tested]

Hi Guys,

I got my H1 visa approved this year and I am planning to fly this Nov/Dec. I have a stamping for 1 year and am planning to file an extension later. Meanwhile I am also planning to apply for Green Card. But I have a concern that since GC processing usually takes 2-3 years,then if I don't get an extension on my H1 visa, then what will be the options available for me? Can I return back to India while the Green Card is in processing in USA? Is it valid to immediately apply for GC after I reach USA on H1 visa?
Please suggest....

[danik]

Confused

Confused with your questions. First of all are you in India right now? if yes,,
1.how did you get H1? if through company, then you will have to have a joining date for work. so you shouldn't be confused on the date coming to USA i.e. Nov /Dec.
2.Is it first time you are getting H1? or you were in USA on H1 earlier? , if you are coming for the first time on H1 then your visa should be renewed up to 6 years without any problem , if you work for a proper company and if there is no any violation.
3. Green card - the company where you work should file for your Green card if its through work, If through family its totally different case. If you are on EB2 category (generally most people are on EB2) then your Green card process will take not less than 7 - 9 years and not 2-3 years. If you are on EB1 category then you will get it within 1 - 2 years.
4. If you have received your Labor certificate (during green card process) then if your H1 expires you can stay in USA, else you need to switch to other visa categories like H4, F1. (more likely F1)
5. In case if your H1 gets expired/not renewed and green card is not in process then the best option is to switch to F1 Visa. if you wanna be in US at any cost.

Hope this helps but this is not expert advice,, you should contact attorney for legal, expert advice.
Thanks