I am looking for opportunities using the remainder option of my H-1B. I have a year and half remaining out of six years. Now, most of the companies do not want to start the GC process immediately; they want to start after 6-12 months. I have the following two questions: 1. What stage do I need to reach on my GC process when the remaining time on H-1B ends. 2. If my company doesn't want to start GC process immediately, can I begin this on my own using my personal fund?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
There are only two ways to extend your H-1B beyond six years. One is that you have I-140 approved. So PERM is approved, your I-140 is approved and if you are an EB-1 person then your I-140 is approved (NIW EB-1). So if your I-140 is approved, we don't care when your Green Card started, whether its PERM based or direct filing of EB-1, you are entitled to your H-1 extension.
The other method is your PERM was filed a year ago or your I-140 and NIW. In the case of first anniversary you will be entitled to 1 year H-1 extension, in case of I-140 approval you will be entitled to 3 year H-1 extension.