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i797A expiration dates and valid time to apply for GC

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  • i797A expiration dates and valid time to apply for GC

    Hello!

    It's my 5th year on H1B visa. I have been with the same employer for last 2 years (starting 01st Oct 2013). My employer is willing to start green card process, but the valid employment dates on i797A has me worried. Even though company is 4 years old and has 60 employees, I am the first person to go through greencard process (if that happens).

    Various dates on i797A:
    Receipt Date: April 17, 2013
    Notice Date: May 10, 2013
    Notice type: Approval Notice
    Class H1B
    Valid from 10/01/2013 to 03/31/2016


    I don't have updated i-94 as I didn't leave USA in last 3 years. And attached i-94 on i797A suggests same dates, "Valid From 10/01/2013 until 03/31/2016".

    Please help me with following questions.

    a) I was under impression that I will be allowed to legally work till 10/01/2016, as H1B is issued for 3 years. Is there something I can do to get a document that allows me to work till 10/01/2016 instead of current dates which says 03/01/2016?

    b) Do I have sufficient time to apply for Greencard. If yes, how long do I have until I apply for greencard?

    c) If lawyers send the paperwork to government for greencard in 2 months, will that allow me to work un-interrupted until I receive labour certification.

    d) What potential issues I am looking at with these dates?


    Thanks a lot for your help, it means a lot.

    Priya
    Denver, Colorado.

  • #2
    a) I was under impression that I will be allowed to legally work till 10/01/2016, as H1B is issued for 3 years. Is there something I can do to get a document that allows me to work till 10/01/2016 instead of current dates which says 03/01/2016?
    >>> Each H1B CAP is valid for 6 years. You don't always get 3 years on an approval notice. If you have not used all 6 years in the H1B CAP (Calculate only the time spend inside U.S in H1B + L1 status), then the employer can file another extension. The extension will come with a new I-94 attached.

    b) Do I have sufficient time to apply for Greencard. If yes, how long do I have until I apply for greencard?
    >>> PERM need to be filed 365 days prior to the end of the 6th year in H1B to get extension beyond 6 years. If filed later, then both PERM and I-140 should be approved to get an extension.

    c) If lawyers send the paperwork to government for greencard in 2 months, will that allow me to work un-interrupted until I receive labour certification.
    >>> Read about the GC process. Filing the PERM itself will take anywhere between 4-6 months. Approval on PERM will take anywhere between 6 to 12 months. If PERM is filed 365 days prior to the end of the 6th year in H1B, then an extension can be filed even if the PERM is pending at that time (after 1 year).

    d) What potential issues I am looking at with these dates?
    >>> It all depends on how much more time you have on your H1B CAP. How many years have you spend in U.S in H1B + L1 status combined?
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Hi shervin143,


      Here is where it gets slightly complicated. I'll post all dates related to H1Bs I have had before.


      I was on OPT since graduation in Jan 2010.


      Then, I was on H1B (cap exempt) working in a government institute. i797A I received then had following dates:
      Valid from 12/01/2011 until 11/24/2014


      After that, I found a job in an startup and they sponsored my H1B (cap subject) in 2013. Here are the dates on that i797A:
      Valid from 10/01/2013 to 03/31/2016


      So ideally, I should have H1B time till 12/01/2017.


      Thanks again for your time,
      Priya

      Comment


      • #4
        Only count the time that you have spent working in U.S in the CAP subjected H1B and minus that from 6 years. The remaining period is what you have left in that H1B CAP. Your employer can keep filing extension until you reach the 6 year limit. It looks like you have only used less than 2 years on the H1B CAP. You have enough time to begin the GC process to extend the H1B beyond the 6 year period.

        Originally posted by priyanka2 View Post
        Hi shervin143,

        Here is where it gets slightly complicated. I'll post all dates related to H1Bs I have had before.


        I was on OPT since graduation in Jan 2010.


        Then, I was on H1B (cap exempt) working in a government institute. i797A I received then had following dates:
        Valid from 12/01/2011 until 11/24/2014


        After that, I found a job in an startup and they sponsored my H1B (cap subject) in 2013. Here are the dates on that i797A:
        Valid from 10/01/2013 to 03/31/2016


        So ideally, I should have H1B time till 12/01/2017.


        Thanks again for your time,
        Priya
        Last edited by shervin143; 07-28-2015, 09:59 PM.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          That's wonderful. I am also reading up on the green card process and will be discussing it with my employer in next few days, I was worried unnecessarily.



          Originally posted by shervin143 View Post
          Only count the time that you have spent working in U.S in the CAP subjected H1B and minus that from 6 years. The remaining period is what you have left in that H1B CAP. Your employer can keep filing extension until you reach the 6 year limit. It looks like you have only used less than 2 years on the H1B CAP. You have enough time to begin the GC process to extend the H1B beyond the 6 year period.

          Comment

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