H1B consumed 6 years of time-Out of US from the past 6 months-Labor was approved

[vijayahr]

Dear All,

Greetings!

I am new to the forum as well as to H1B and GC process. Can you please address the below questions.

Is it must to have a valid visa in order to be eligible for a Green card process?

Is it must that a person should reside in US to be eligible for GC process?

A person has consumed a total of 6 years of his H1B time and went to India. By the time he left US, his GC labor got approved. What is his status now? Shall the employer continue process his GC and will Non-Quota available to him?

Thank you very much in advance.
Vijaya

[shervin143]

Is it must to have a valid visa in order to be eligible for a Green card process?
>>> Visa has nothing to do with Green card process.

Is it must that a person should reside in US to be eligible for GC process?
>>> No.

A person has consumed a total of 6 years of his H1B time and went to India. By the time he left US, his GC labor got approved. What is his status now? Shall the employer continue process his GC and will Non-Quota available to him?
>>> https://www.immihelp.com/h1-visa-ext...-years-in-usa/

[vijayahr]

Thank you very much for the quick reply.

I am little confused. While in US, a person has to maintain H status till he gets his Green Card. Does that apply to the person in the below scenario too.

A person hasn't applied for his H1 extension and came back to India after completing his 6 years. But his labor was filed on his 5 th year of H1. Now he do not hold any H1 status while in India. Can the employer still continue the GC process for him?

Please advise.

Thank you and you have a great day.
Vijaya

[shervin143]

Yes. GC is for future employment. Immihelp has a separate forum for Greencard. Try your questions related to GC there.

Thank you very much for the quick reply.

I am little confused. While in US, a person has to maintain H status till he gets his Green Card. Does that apply to the person in the below scenario too.

A person hasn't applied for his H1 extension and came back to India after completing his 6 years. But his labor was filed on his 5 th year of H1. Now he do not hold any H1 status while in India. Can the employer still continue the GC process for him?

Please advise.

Thank you and you have a great day.
Vijaya

[vijayahr]

Thank you very much for the quick response. I will go through the GC forum to get more information about GC.

Have a great day.

Vijaya