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My H1B Visa expires end of September this year. I have already used my 6 years on H1B. What are my options ?

Jersey City, NJ |

My H1B Visa expires end of September 2014. I'm in my 2nd term for H1B already and I haven't yet started my Green card process, but my employer seems eager to do so.
Am I too late to start a GC application ? What are my options to continue working legally herein the US ?

I have been out of the country for 8 weeks over the last 5.5 years. Also how can Premium processing help me in getting an extension for legal status ?

Attorney Answers 2


Let him start the green card process on your behalf at once. See with his immigration lawyer if he or she can do anything about "recapturing" the total time you spent outside the the US while on H-1B status during the last 5 and a half years while you were on H-1B status. If successful in recapturing and employer launches GC process immediately you'll be able to obtain a 7th year extension to your H-1B and the 8th as well, and once an I-140 petition is approved on your behalf, a 3 year extension, on perpetuity, until such time as the priority date for your country of birth becomes "current" and your are able to obtain your green card.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Thanks. I have been out of the country for 7 weeks over the last 5.5 years. Also will the Premium processing help me get I-140 sooner ?


GO home, stay there for a year and then your employer can petition for you again if the case is selected in a lottery that year.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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