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6th Year H1b - No Gc, Can I Save Time?

Discussion in 'Nonimmigrant Visa Validity' started by p.i.21, Jan 9, 2017.

  1. p.i.21

    p.i.21 New Member

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    I am currently on my last year on H1B. My current employer is unable to do my GC. If I quit my job and move into H4 visa, do I save my current H1B time or will I go into general H1B quota when I get a new job? Is there any other solution to quit my job and save my H1B?
     
  2. Santy

    Santy Guru

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    What is the logic behind saving H1? And that too in your 6th Year. If your current employer is not filing GC then there is a very rare chance that someone else will be interested in you. You can go to H4 and try to find an employer who can do GC. Any other scenario?
     
  3. p.i.21

    p.i.21 New Member

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    Thanks for the response! So if I go into H4 now, and say I find an employer who will do my GC - do they still have to file for my H1B? I am confused about that.
     
  4. Santy

    Santy Guru

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    H1 is not a prerequisite to file GC. Anyways H visas are dual intent so you are good. You can file GC even if you are on H4. My question was why you want to save H1?
     
  5. p.i.21

    p.i.21 New Member

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    So I am in a company that is unable to do my GC due to financial reasons. I had a few interviews, and it is my assumption that H1B transfer might be easier, and then application to my GC. So my question is, for example, say I am at the 5th year and 8th month, a company is willingto do my GC - should I take a break since there will be a gap between when my i-140 gets approved and H1B ends.
     
  6. Santy

    Santy Guru

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    So there is no H1 time left, you consumed all of them. I doubt anyone will do your H1 as only 4 months are left. You will have to go back or move to a different visa to stay in states. H4 seems to be a good option. Best of Luck finding a GC employer while on H4.
     

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