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Dear Members,
Need your expert and kind validation of this option of GC filing in 6th year. Can you please take a close look below in the Plan and advise if there are any loopholes in what I am thinking.
I am trying to convince my immigration HR that this process will work but I want to be certian and make sure I am not having any loopholes/missing anything in it.If any corrections/better option pls do advise
Current Status:
I am in 6th year of H1B completely ending on 31st Jan 2018(There is around additional 3 months of time which can be recaptured max).My company is an MNC and has operations both in US and India.
I am proposing the following Plan/option to HR to go and come back. Can you please check if it is looking right to you.
Thank you for your expert opinions
Plan to go back and come back again
------------------------------------------
1). Candidate will leave US in 31st October '17 which will still leave 3 months time in his non immigrant VISA.(His current H1B non-immigrant VISA stamp is still 31st Jan 2018)
2). MNC US Branch starts the PERM Process and will continue while candidate*is in India. (Since PERM is for "future employment" Employee is not joining US Branch right now before leaving.)
3). PERM Gets approved
4). MNC US Branch then files I-140 in premium processing and gets approved(Hopefully EB2 category would be determined)
5) .Then the 3 months time left in his H1B non-immigrant VISA would be re-captured using the usual amendment process and he will go for non-immigrant VISA stamping at India Consulate.(This will be non-cap as this is just recaptured time)
6). Candidate lands in US using the H1B non-immigrant VISA as per the usual process.
7). Gets Offer letter from MNC US Branch . Quits MNC India Branch and Joins US MNC Branch and continues with the process.(Here he would be eligible for further extensions as his I-140 is approved by this time).
Please suggest if I am thinking right/or might be missing anything.If there any other steps to make the above plan more strong/better pls do suggest.
Sincere thanks to all members in advance.
Regards
Venkat
Need your expert and kind validation of this option of GC filing in 6th year. Can you please take a close look below in the Plan and advise if there are any loopholes in what I am thinking.
I am trying to convince my immigration HR that this process will work but I want to be certian and make sure I am not having any loopholes/missing anything in it.If any corrections/better option pls do advise
Current Status:
I am in 6th year of H1B completely ending on 31st Jan 2018(There is around additional 3 months of time which can be recaptured max).My company is an MNC and has operations both in US and India.
I am proposing the following Plan/option to HR to go and come back. Can you please check if it is looking right to you.
Thank you for your expert opinions
Plan to go back and come back again
------------------------------------------
1). Candidate will leave US in 31st October '17 which will still leave 3 months time in his non immigrant VISA.(His current H1B non-immigrant VISA stamp is still 31st Jan 2018)
2). MNC US Branch starts the PERM Process and will continue while candidate*is in India. (Since PERM is for "future employment" Employee is not joining US Branch right now before leaving.)
3). PERM Gets approved
4). MNC US Branch then files I-140 in premium processing and gets approved(Hopefully EB2 category would be determined)
5) .Then the 3 months time left in his H1B non-immigrant VISA would be re-captured using the usual amendment process and he will go for non-immigrant VISA stamping at India Consulate.(This will be non-cap as this is just recaptured time)
6). Candidate lands in US using the H1B non-immigrant VISA as per the usual process.
7). Gets Offer letter from MNC US Branch . Quits MNC India Branch and Joins US MNC Branch and continues with the process.(Here he would be eligible for further extensions as his I-140 is approved by this time).
Please suggest if I am thinking right/or might be missing anything.If there any other steps to make the above plan more strong/better pls do suggest.
Sincere thanks to all members in advance.
Regards
Venkat
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