H1B transfer: Attorney's mistake in calculating petition end date

[anil2015]

I came to US on different H1B multiple times. I transferred my H1B to A(Big Investment bank in NYC) company around one year ago and due to Attorneys mistake in calculating my total 6 years my petition end date is 2018. One of the top attorney in US recently reviewed my all 797s and I-129 and told me that my final stay in US will be in Feb 2016 becz of my one H1B was filed under cap exempt, I came to know about this couple of days ago.

So I have only 10 months on current H1B out of all 6 years even after recapturing out of US time.

Attorney's mistake ruined my career planning I did till 2018 and going to affect my wife and kids.

I need any suggestions from experts or need some company who can start my GC immediately so that I can stay in US after Feb 2016 and maintain status. I am ready to transfer my visa to any other category for few months after Feb 2016 or go out of USA for couple of months if that helps.

Thanks in Advance.

[raghvi]

I came to US on different H1B multiple times. I transferred my H1B to A(Big Investment bank in NYC) company around one year ago and due to Attorneys mistake in calculating my total 6 years my petition end date is 2018. One of the top attorney in US recently reviewed my all 797s and I-129 and told me that my final stay in US will be in Feb 2016 becz of my one H1B was filed under cap exempt, I came to know about this couple of days ago.

So I have only 10 months on current H1B out of all 6 years even after recapturing out of US time.

Attorney's mistake ruined my career planning I did till 2018 and going to affect my wife and kids.

I need any suggestions from experts or need some company who can start my GC immediately so that I can stay in US after Feb 2016 and maintain status. I am ready to transfer my visa to any other category for few months after Feb 2016 or go out of USA for couple of months if that helps.

Thanks in Advance.

If your 6 Years Physical stay in H1 status is completing by Feb 2016, then finding an employer at the earliest who is willing to start your GC immediately is the best possible way forward. 8 Months may just be enough to get I140 approved, if at all there is no PERM audit.

This is my opinion not legal advice.

[anil2015]

If your 6 Years Physical stay in H1 status is completing by Feb 2016, then finding an employer at the earliest who is willing to start your GC immediately is the best possible way forward. 8 Months may just be enough to get I140 approved, if at all there is no PERM audit.

This is my opinion not legal advice.

Thanks Raghvi. I know that starting GC is the only one option available to me. I am not sure how quickly my current employer(Investment bank) would start my GC. If I have to find new employer(who is ready to handle my case) then finding new project + transfer H1B will take around 2 months and I will lose more time from 10 months I have.

Is it possible to start GC without joining and then find project and transfer H1B. Any employer reference will greatly help me and my family.

[raghvi]

Thanks Raghvi. I know that starting GC is the only one option available to me. I am not sure how quickly my current employer(Investment bank) would start my GC. If I have to find new employer(who is ready to handle my case) then finding new project + transfer H1B will take around 2 months and I will lose more time from 10 months I have.

Is it possible to start GC without joining and then find project and transfer H1B. Any employer reference will greatly help me and my family.

An employer can file Petition for Permanent worker even if you are not in US, so yes, it is possible, but why and how will the future employer prove permanent work for you when they don't already have a project for you.

Be wary of being taken advantage of in such a situation. What is your current employer/HR team suggesting?

This is my opinion not legal advice.