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  • H1B to Green Card question

    Hi,

    My 6th year on H1B expires on April 30th 2013, I have not yet started my green card as my company does not sponsor GCs. But, they have given me an option to rejoin as a contractor and get my
    GC done via a contracting company. I am planning on joining a contracting company soon.

    My question is do I have to get the Labor certification started for the GC process immediately within the next couple of months?

    I have heard that I will not be able to extend my H1B visa for the 7th year if my labor has not been pending for 365 days, can some one shed some more light on this.

    Appreciate your help, thanks.

  • #2
    My question is do I have to get the Labor certification started for the GC process immediately within the next couple of months?
    >>> In order to get the 7th year extension, your PERM should have been filed 365 days prior to the end of the 6th year on H1B or both PERM and I-140 should be approved before the end of the 6th year. If the PERM goes into audit, it will take more than a year to get cleared. So it is advisable to file the PERM before you enter into the 6th year.

    I have heard that I will not be able to extend my H1B visa for the 7th year if my labor has not been pending for 365 days, can some one shed some more light on this.
    >>> Read the above answer.
    Not a legal advice. Use of this information is strictly at your own risk.

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