My H-1B expired and GC not filed and i completed 6 years


My H-1B is expired on 1/2/2016 and i completed 6 years…!! GC is not initated…!! What are my options now? Can the extention still be filed with USCIS? Or GC can be initated? Or can I apply from India or US for GC? Plz help me. How long can i stay in US as it is expired…!!

If you have completed 6 years inside US, then you should leave US. You can file another cap-subject petition after staying outside of US for 1 year. If the employer wants, they can file GC for you while you are waiting outside US.

ok so can u explain me in detail what is cap-subject or cap-exempt?

Cap-subject - The petition needs to be filed in April and may be subject to lottery, if that happens

Cap-exempt - The petition can be filed anytime. Transfers and extensions fall under this

You can have as many cap-exempt petitions filed until you have stayed inside US for 6 years on H-1. Thereafter, you need to cool-off 1 year outside US and file a cap-subject H-1 petition. If you leave now, then this petition can be filed in April 2017 for a start date of Oct 2017.

However, if your green card is under process and has reached a certain stage, then you can file cap-exempt petitions even after staying for 6 years inside US on H-1.

thanks for the reply and making me understand…really helpful you rock dude :slight_smile: