H1-B to GC query please

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Old Feb 10th 2013, 9:28 pm
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Default H1-B to GC query please

hi all,

Just wanted to ask when employer agrees to sponsor your GC and files for it and you are coming towards the end of your 6 yr H1 visa limit what happens?

Do you get put into some sort of holding category until a GC in your EB category becomes available?

Grateful for an answer. I looked online but couldnt find the answer. Maybe I was looking the wrong place though!

Thanks
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Old Feb 10th 2013, 9:51 pm
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Default Re: H1-B to GC query please

Originally Posted by maggot50
Just wanted to ask when employer agrees to sponsor your GC and files for it and you are coming towards the end of your 6 yr H1 visa limit what happens?
You pray... really hard, and research AC21.

Ian
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Old Feb 10th 2013, 9:59 pm
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Default Re: H1-B to GC query please

It must be quite a common scenario is prayer really the best option lol?

thanks
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Old Feb 10th 2013, 10:45 pm
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Default Re: H1-B to GC query please

Originally Posted by maggot50
It must be quite a common scenario is prayer really the best option lol?

thanks
Yes.

Because you've got to get to a certain part of the process before you are safe and able to extend the visa, or you time out and that's your lot.

Which is why people are recommended not to drag their feet and get it sorted as soon as they can rather than later.

Being EB1 makes it fairly quick, being EB3, not so much.
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Old Feb 10th 2013, 11:34 pm
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Default Re: H1-B to GC query please

As long as the green card application is submitted by your 5th year on an H1B your H1B can be extended until you receive your green card (assuming it's accepted). If you get into the 6th year and have not submitted the application you cannot extend your H1B, you have to leave the US for a minimum of a year and start again. HTH.
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Old Feb 11th 2013, 1:25 am
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Default Re: H1-B to GC query please

appreciate that bob depends on how generous the employer is before they willing to start the process!
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