Legal Question in Immigration Law in California

H1-B expiring

My H1-b will expire in 1.5 month after 6 years on the status. My lawyer, I tatally trusted, didn't tell me anything about applying for GC earier allowed me to stay here on extended H1 status and wait for GC.

Six months ago, the lawer suggested me to look for a sponcer for E1. It's so hard to find one,I couldn't.

Is there any way that I can stay longer here in the states?

My employer for H1 is willing to sponcer my GC.

If I apply and wait in my country, how long is the wait? Is

Applying H1 again after one year outside US a better way?

Is PERM going to be effective soon?

Thank you, I am so desperate now.


Asked on 9/13/04, 4:38 am

1 Answer from Attorneys
Jacob Sapochnick

Re: H1-B expiring

Hi,

I am sorry that your lawyer missinformed you this is a serious matter.

I would check the total number of days that you spent outside of the US while having the H1B, those days do not count towards your 6 year count, that will allow you to buy some time and stay longer.

Second, have your employer start the green card process for you as soon as possible. PERM might come in soon, but we don't have a definite time. And even if PERM will come in you want to keep all options open and still be able to use your old labor cert if needed.

Third, if worse come to worse leave the country for a year, your labor cert can be still pending all that time. Maybe when you cvome back you will be eligible for immediate PERM transfer if it comes in or start with a new H1B for now.

You have some options, keep being positive and change your lawyer:)))

Let me know if I can help

Jacob Sapochnick

[email protected]

618-819-9204

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Answered on 9/13/04, 3:16 pm


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