Hi coolone,
Yes, you can file even in Oct 2007 if you are using premium processing. There are two rules for H1B extension. Scenario one is 365 days from the date of LC filing and the other is an approved I-140. For details see the link below. The premium processing is only for I-140 to get it within 15 days. PERM takes a couple of months. However, even with premium processing your I-140 may get stuck due to queries and other bureaucratic stuff. So if you can start the process by march 2007 you are in the safest position, else you can fall back on the premium processing. I mention March 2007 because the rules for 7th year extension of H1B say that if you are using scenario one you can file for the extension only after 365 days from your LC filing date. If you file ur GC by 31st march 2007 the earliest u can file ur extension would be on 1st April 2008. You cannot even file a petition with a future date for 7th year extensions. I do not know when exactly your 6 year limit ends in April, so you will have to do the math yourself and decide what is a safe time limit for you to get your GC filed. One more thing, I hope you have calculated the days spent out of the US during these 4 years because they can be recaptured and may give u a couple of extra months.

http://www.immihelp.com/visas/h1b/beyond6.html

Regards
Souvik

disclaimer : This is probably a pretty big decision for you, so please consult someone more knowledgeable about these matters from a legal perspective. While I am pretty sure about the information I have provided, please get this verified through some immigration lawyer.

Souvik,
Thanks for all the info. The information in the link was definitely informative.

I only knew one approach where LCA had been filed 365 days ahead of H-1B expiration.

I guess with PERM it has changed now. Well as i said my 6th year finishes in April 2008 and even if i file in October 2007 , i can get Labour approved in like 2 months hopefully and then the I-140 approved under premium processing in like anoter 15-30 days. So by April 2008 i would be good to go for future extensions.
( i do understand that the above calculations are based on an ideal case scenario and thinks can go wrong etc.).

Thanks for the tips on time spent outside and consulting the lawyer etc.

Due to Retrogression and Labor certificate backlog eliminated center, I have decided to move Canada so my wife and kids sty Canada and I will stay in USA.

My question is when I get Labor approve (hope fully end of the September 2007) Does it require that my wife and kids to be present in USA when my employer file I-140? And next extension of EIGHT YEAR H1B?

Appreciate your reply.

Thank you,

My reply to your question begins, and this is after due confirmation from an attorney.

1. You DONT require your family to be present in US when your employer files for I 140.
2. For your extension of H1 the good news is, it will be extended for another 3 yrs. after 140 approval. so no more 8th,9th,10th,11th,12th yr........

I think unless you are about to have a kid immediately in next year.. you would be much better off in one country.. Having a backup in a country where you don't wanna live is really no backup.. plus when people compare Indian offer to Canadian offer at least in 2 recent cases I saw folks with Canada PR choosing to work in Chennai and Pune over 65K job in Toronto.. Granted both of them have kept PR open and are planning to get back to US on another 6yr stint..
Anyways those who are in limbo.. I say best option is to forget about heart-breaking wait in US line or give up the whole concept of backup and take your chances.. Basically "FOLLOW YOUR BLISS" .. I have come to this conclusion after rejection countless offers to work in Toronto .. and I just wish other folks would be smart enough to follow their happiness and make something of their life other than endlessly waiting for racist US lawmakers to change the laws..

I got a 7th year extension and visa stamp on base of Labor certificate pending, My employer lawyer is in process to file I-140, In-between I move to Canada with my wife and kids on PR.

I have traveling job; so it doesn’t require staying everyday in US, sometimes I will be out for two-three month.

My question is do we need any address at USA? I have read that so many friends for CD are living near Windsor and working in US.

Appreciate your help, how do they manage while filling I-94 from? Which address they are using on that from? Address from Canada of any US address?


Thank you,

Quote:

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Originally posted by Mihir2002


Appreciate your help, how do they manage while filling I-94 from? Which address they are using on that from? Address from Canada of any US address?


Thank you,

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Dimple2001

Hello
Anyone knows, what is the rule for visa stamp if you transfer H1B.. do you need to get new visa stamp to cross the border or you can cross only with old visa stamp and new I797?