H1 expired-GC under process-Out of US-still the GC is valid?

[vijayahr]

Hi,

Greetings!

H1 is expired and the candidate is in India. GC was initiated when the employee was in US. My question is will his GC process still valid? Can the employer files petition again for h1 and continue the next step of GC?

Thank you very much in advance
Vijaya

[shervin143]

GC is for future employment. The employer can continue the GC process irrespective of whether you are currently in U.S or outside U.S. If you have already completed all 6years in yuor H1B CAP, then you need to spend 1 year outside U.S. I suggest you consult an immigration attorney.

[vijayahr]

hello Sir,

thank you. The employee did not completed all his 6 years, but the H validity date was expired when he was in India.

Best regards
Vijaya

[shervin143]

If you haven't completed all 6 years, then any employer can file a new H1B petition using the CAP from the previous petition and request an immediate start date. You will get only the remaining period in that CAP. If your PERM and I-140 are already approved, then the current employer can file a petition to recapture the remaining period and when you are in U.S, then employer can file the 7th year extension based on the approved I-140 when you are about to complete the initial 6 years on H1B.

hello Sir,

thank you. The employee did not completed all his 6 years, but the H validity date was expired when he was in India.

Best regards
Vijaya