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How to stay in USA after H1B expires?

How to stay in USA after H1B expires?

Old Nov 11th 2002, 11:05 am
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Default How to stay in USA after H1B expires?

I know that an H1B visa can be valid for max of 6 years. Now suppose, I worked in H1B in USA for 6 years and now want to be a citizen of USA.

My questions are:

1. Can I stay in USA after 6 years working in H1B if I still have a job offer?
2. Is it that only my employer can file green card processing?
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Old Nov 14th 2002, 6:57 pm
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Default Re: How to stay in USA after H1B expires?

Originally posted by sbasak
I know that an H1B visa can be valid for max of 6 years. Now suppose, I worked in H1B in USA for 6 years and now want to be a citizen of USA.

My questions are:

1. Can I stay in USA after 6 years working in H1B if I still have a job offer?

2. Is it that only my employer can file green card processing?
1. No. If you've accumulated 6 years on H or L status you have to leave for a year and then come back to 'restart the clock'.

2. Not quite - if you qualify under the 'extraordinary ability' category you can file your own because it's not employment-based. If however you want an employment-based GC then your employer has to do that for you.
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Old Nov 16th 2002, 10:08 am
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So, I can apply for green card only thru my employer?
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Old Nov 16th 2002, 12:15 pm
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Originally posted by sbasak
So, I can apply for green card only thru my employer?
As I said in the original reply, it depends what category you are applying under. If it's an employment-based greencard application, as most of them are for H1B holders, then, yes, your employer needs to file it. If you are applying under one of the family categories, or the 'extraordinary ability' category, then, no, you can file it yourself.
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Old Nov 18th 2002, 9:10 am
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what will be the interest of the employer for filing my green card? If I get the GC that will be benefit for me, will the employer get any benefit? If not, why the employer will file it for me??
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