Legal Question in Immigration Law in California

The maximum length of H-1B is 6 years. If you want to extend your H-1B beyond the 6th year, the latest you should start your green card case by the end of 5th year.

We suggest you to consult with an immigration attorney.

You may visit our website at www.medinalawgroup.net. Our telephone number is 714-786-6835 and email is [email protected]. Thank you.

The above reply is for informational purposes only and not for the purpose of providing legal advice. You should contact an attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site does not create an attorney-client relationship.

Dear Inquirer:

In order to secure H-1B nonimmigrant status beyond the 6th year, we must either be able to show that your are the Beneficiary of a PERM labor Certification pending for at least year, or that you are the Beneficiary of an approved I-140 Visa Petition. Therefore, it is generally recommended to try and have the PERM filed by the end of the 5th year in H-1B status.

I suggest that you call 626-585-8005 ior visit us at www.hanlonlawgroup.com if you would like more information regarding this immigration matter.

Regards,

Hello:

If you were to not have this filed in a timely manner, you would either have to change your status to some other type of status, or you would have to leave the U.S. for a period of time while the PERM is being processed.

Yes, that's correct, however how the beginning of the sixth year is calculated can vary. The above answers complement my reply.

The above is not advice but information. It does not create an attorney client relationship.

For further information, write [email protected] or call 818 609 1953.

Sincerely,

Alice Yardum-Hunter, Attorney at Law

Certified Specialist Immigration & Nationality Law

State Bar of CA, Bd. of Legal Specialization

There are three steps to applying for a permanent residence through employment in the U.S.: filing of an application for a labor certification (PERM), filing of an I-140 petition, and the final step is application for an adjustment of status in the U.S. To be eligible to adjust your status to the permanent residency you have to be in a valid legal status in the U.S. In order to extend your H1 beyond the 6th year you need to have the Perm pending for at least a year. Since your eligibility to adjust status is subject to a visa availability, and an immigrant visa backlog is 7-8 years in some categories, it is important to start the green card process as soon as possible.