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H1B expires end of year, didn't apply for GC by end of Year 6...

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  • H1B expires end of year, didn't apply for GC by end of Year 6...

    ***Sorry meant Year 5 in the title***

    Hi - I am a British male that came to the US on a student F-1 visa in 2002 and was accepted for a H1-B in 2007. I started working for my current employer at the end of year 5 of my H1-B status. I am now in year 6, and my H1-B visa will end 1/1/14 (including reclaimed days).

    I am worried that because I did not file for green card status before starting year 6 that I am unable to apply for an employee sponsored green card. Is this correct? I have been watching the Immigration Reform Act hoping there is a provision for people in my situation but fear the worse.

    So far I've been told my options are:

    1. Leave the country for a full year so my H1-B allowance resets to 6 years. Reapply in April 2015 and start working in October 2015 (22 months later).
    2. Start the employee sponsored green card process now, leave the country, and hope it gets approved sooner than the 22 months.

    3. Marry my girlfriend, file relevant paperwork and continue working.

    My dilemma is that I don't want to make a lifetime decision based on an immigration decision and therefore would like to resolve my immigration independently so my relationship can develop naturally.

    Are there any other options available so that I can continue my career in the USA? For example, could I enroll in a weekend MBA class that is equivalent to 12 college credits so I can stay under an F-1 and continue my job? Any other options??

    Any advice or recommendations you have are very much appreciated!
    Last edited by forthiola; 09-20-2013, 02:40 AM.

  • #2
    IMO people are in so much worst situations than you and make life decisions based on immigration constraints. Your is much easier because your priority dates are current even in EB2 and you even have a US Citizen GF. Most people don't have these options.
    This is my opinion and not legal advice.

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