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How Long Before My H1b Expires (Including Extension) I Can Ask Employer to Start GC Process?

Location: Los Angeles, CA


My H1b (including the extension expires in Dec 2018) so how long before my H1b expires, GC process should be started? (at least 1 year or 6 months or 3 months ?)

I have heard that PERM labor should be filled at least 1 year before H1b (including extension) expires. Is that true? or GC process can start in my last year of H1b expiration year which is 2018?

We usually recommend the green card process through PERM labor certification begin at least 2 years before the 6th year expiration. In case current PERM processing times (12-14 months) lengthen or there is an audit (an additional 6 months processing) and for the I-140 to be approved (5-6 months process without premium) in order to obtain a 3 year H1B beyond the 6th year extension.

Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith’s statement above does not create an attorney/client relationship.

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