GreenCard application in 6th year of H1


I am in my sixth year of H1B. For some reason my employer did not apply for GC(Green Card) before. There are 5 months left to complete six years. In this situation I just wanted to get information on my chances to get GC. I have few doubts in this regard:

  1. What is the best way to go ahead with GC process at this stage?

  2. When I discussed with employer, as per them I can apply now and leave US when my visa expires. Since I will still have 3 months left by accumulating my previous vacations to India, I can come back to US after extending it after my PERM is approved and after my I-140 is approved. Do you think if this is possible?

  3. What are my other options in case if current employer does not agree to apply for my GC?

  4. One friend feels that even when I am outside US, I should be able to apply for GC. Is that true?

  1. Get it started ASAP. It may take around 4-5 months to even file the PERM. So start NOW

  2. You can leave US while GC is pending. Once your PERM has been pending for more than 365 days or gets approved, you can apply for H-1 extension (7th year) and return to US. You would get 1 year extension. When I-140 gets approved, you will be eligible for 3 year extensions.

  3. Move to another employer who is willing to file GC for you soon

  4. Yes. See (2)

Thanks you very much. I will get started on this.