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H1B to GC - Time Sensitive!

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  • H1B to GC - Time Sensitive!


    My H1B status started Sept 18, 2003 and I am trying to determine when is the latest I can have my employer start the Labor Certification process so I can continue working in the U.S. past my 6th year. I have been told "before the anniversary of my 5th year", but how much processing time do law firms need to prepare the paperwork? One law firm has said they needed to know 18 months before the anniversary of my 6 years, implying 6 month processing time?... so if true, I am late and in a bad situation. Also, if my employer applies for EB2 on my behalf, can that process be done during my 6th year (i.e. no time rush to get done asap)?

    At the end of the day I am trying not to be forced to leave the country for 365 days after my 6 years are up.

    Thank you for your help!

  • #2
    The paperwork preparation takes quite some time. The advertisement has to remain for 30 days and another 30 days past the date to collect resumes. So 60 days pure wait time needed for labor. Paper prep work can take another 30 days on an average. So, get started as soon as possible and you should be able to make it.

    The lawfirms will get busy during July/August due to I485 rush last year and it is time for EAD/AP renewals. Get on it NOW!!! Any time spent on vacations outside US can be recaptured into the 6 years.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


    • #3
      If I understand correctly...

      ... the employer cannot file for Labor Certification until after they've put a newpaper posting for 30 days, waited another 30 days to collect resumes and given the law firm 30 days to prepare the paperwork... so 3 months all in before my 5th anniversary? If I have vacationed outside the country for 2 cumulative months during the last 5 years, I get to add that back as a cushion?

      The added complexity is that I am potentially moving employers (still looking for a job) and in my industry, companies are always actively looking to hire year-round (mostly through executive search firms)... does that negate the need for the 30 days newspaper posting and 30 days resume collecting? i.e. does it give me back 2 months or is the whole newspaper posting simply "optics" that satisfy government immigration process rules?

      Thanks again! I greatly appreciate your help.
      Last edited by edencorps; 05-17-2008, 06:19 PM.