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H1B stamping - 6 years expires in 6 months - GC about to get started

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  • H1B stamping - 6 years expires in 6 months - GC about to get started

    My H1B expires in July 2016 (end of six years). My current H1 employer is
    beginning GC paperwork shortly. I want to travel to India during Dec 2015
    and go for visa stamping.

    1. Will there be any issues in getting visa stamp with 7 months validity?
    2. What step in the green card process should be completed before December
    so it is safe?

    Thank you for your thoughts.

    -Sara

  • #2
    If your petition is valid until July 2016?

    Comment


    • #3
      Originally posted by inadmissible View Post
      If your petition is valid until July 2016?
      Yes it expires in July 2016 and is not stamped on my passport

      Comment


      • #4
        Originally posted by H1toGC View Post
        My H1B expires in July 2016 (end of six years). My current H1 employer is
        beginning GC paperwork shortly. I want to travel to India during Dec 2015
        and go for visa stamping.

        1. Will there be any issues in getting visa stamp with 7 months validity?
        2. What step in the green card process should be completed before December
        so it is safe?

        Thank you for your thoughts.

        -Sara
        When you say July 2016 is your 6 Year completion, do you mean by July 2016 you would have spent 6 full Years in US on H1 status?

        1. I dont think so.
        2. Your H1 and GC are two different processes, but in order for you to extend your H1 beyond 6 Year physical presence in H1, you either have to file PERM 365 days before 6th Year completion (which in your case should be by July 2015) OR to get I140 approved before your 6th Year physical stay completes.

        This is my opinion not legal advice.

        Comment

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