Hi Friend,

I came on H1b visa from nepal. This is my 6th yr running on H1b visa. I don't see any sign of getting GC by now. Dhoti cheated me badly....

As far as H1b visa concerns, one can stay for max 6 yr.

My question is, Do I have to go back to nepal or can go to school for masters.

Thanks in advance

Fire your dhoti get a new one and apply for extention. I am not sure if you need an 485 for an extention or not. Lets see what the real experts say.

 

i am not sure about extension if your GC application is not underway, however, you definitely can enroll in school. 

Assumed that if your GC application has not been filed, you can't make extension for H1B (it's applicable for one year adjustment). Better to hire good lawyer for safe landing.

 

Please sajha experts..

 

Instructions for Submitting the H-1B Extension Application

Background Information

Those in H-1B status are allowed to stay a total of six years* in H status but will be approved for a maximum of only three years at a time. The earliest a petition to extend H-1 status can be filed is six months in advance of the expiration of the current approved petition. Departments are advised to apply for the extension early as processing time by USCIS cannot be predicted or guaranteed. There is no easy short-cut for an extension—the petition for H-1 extension is basically the same as the original, except that documentation relating to other previously held non-immigrant status(es) does not need to be included, and all prior H-1 approval notices (form I-797) should be included.

Dependents in H-4 status must have their status extended as well. An additional form I-539 and fee must be included with the extension petition.

If a timely extension is filed (i.e. before the expiration of the current status), regulations allow individuals in H-1 status to continue to work for the same employer for up to 240 days while the extension petition is pending at USCIS. A new I-9 form must also be completed in the department in order for the H-1 holder to continue.

Applications for H-1B status must be made 3 to 6 months in advance of the intended start date to ensure timely processing of the request. Those in H-1B status may travel abroad after the extension has been filed with DHS but must return before the current H1B expires or wait abroad for the extension to be approved. The approval notice can be sent to the applicant to obtain a new visa with which to return to the U.S.

*An exception to the 6-year limitation applies to individuals who have part of an employment-based application for permanent residency (labor certification, I-140, or I-485) pending at least 365 days by the end of the sixth year.

Source:http://www.columbia.edu/cu/isso/faculty/H_dpt_mgr/H1B_extension.html

It's seem that, if you are not applied GC. Then, it would  be better to hire the lawyers.

Thanks

You had mentioned "I don't see any sign of getting GC by now" does it mean that you have already started the GC process? If your I-485 has been pending for more than 180 days then you could change jobs before your GC is approved and extension of H-1B beyond the 6-year limit is possible. The portability requirements are,

-Your new employment must be in the same or similar occupational classification so new labor certification is not needed.

- Form I-140 has been approved, or is approvable when filed concurrently with I-485;

- Form I-485 has been pending for at least 180 days;

If you meet these criteria and find a new employer then there is nothing to worry about and we can talk more about the regulations in detail if needed. Otherwise chaning to F-1 is an option available at all times.

Good Luck!

If GC hasn't been applied, you have to leave the country.

Oh, is that real ?

what is ur field and skills ? or you can look for job in Non-Profit organization. Not for Profit organization are exempt from the 6 yrs limit on H1B. They  can extend forever.

My field is IT..