Very urgent: H1 to L1A and EB2

[r01anand]

Hi
I am currently on H1B and my complete 6 year term expires on March 29th 2015. My Green Card process under EB2 had been
initiated (PERM not filed yet) when we realized I dont have enough time to get an approved I140 before March 29th. Hence me and my company plan to
take this route, to prevent me having to leave US by March 29th:
1. Continue the EB2 Green card perm filing as is under current H1B.
2. Parallel to it file for L1A for me. I could get upto 1 year on L1A hence that will ensure i am eligible to stay beyond March 29th.

My questions are as follows:
1. Once my Perm is filed and I140 is approved, say by June 2016, in all likelihood H1B would have expired and I would be on L1A.
Can i file for an extension of my H1B or how do i continue my stay once my 1 year L1A is completed.

2. After I 140 approval can i file for an out of CAP H1B?

3. Or is it better not to apply for L1A move out of the country for a few months, once 140 is approved can i files for an out of cap H1 and come back?

Any thoughts or opinions? I dont want to move out of US right now, hence thats my first preference.

thanks
Anand

[raghvi]

Hi
I am currently on H1B and my complete 6 year term expires on March 29th 2015. My Green Card process under EB2 had been
initiated (PERM not filed yet) when we realized I dont have enough time to get an approved I140 before March 29th. Hence me and my company plan to
take this route, to prevent me having to leave US by March 29th:
1. Continue the EB2 Green card perm filing as is under current H1B.
2. Parallel to it file for L1A for me. I could get upto 1 year on L1A hence that will ensure i am eligible to stay beyond March 29th.

My questions are as follows:
1. Once my Perm is filed and I140 is approved, say by June 2016, in all likelihood H1B would have expired and I would be on L1A.
Can i file for an extension of my H1B or how do i continue my stay once my 1 year L1A is completed.

2. After I 140 approval can i file for an out of CAP H1B?

3. Or is it better not to apply for L1A move out of the country for a few months, once 140 is approved can i files for an out of cap H1 and come back?

Any thoughts or opinions? I dont want to move out of US right now, hence thats my first preference.

thanks
Anand

I believe you meant March 2016 not March 2015.


Do you qualify for L1A as for L1A one needs to be with the organization at a Managerial/Executive position for at least 1 Year outside US in the last 3 Year. I cant see how that would be possible if you were in US in last 6 years.

In my opinion you would have to leave US March 2016 and await I140 approval or PERM pending for 365 days, in order to extend H1 beyond 6th Year. Do not exhaust the entire 6 Years, that is plan to leave before 6 Year term completes, also, do check with your immigration team/attorney if there any time which you spent outside US in last 6 Years, that can be recaptured.

This is my opinion not legal advice.

[r01anand]

I believe you meant March 2016 not March 2015.


Do you qualify for L1A as for L1A one needs to be with the organization at a Managerial/Executive position for at least 1 Year outside US in the last 3 Year. I cant see how that would be possible if you were in US in last 6 years.

In my opinion you would have to leave US March 2016 and await I140 approval or PERM pending for 365 days, in order to extend H1 beyond 6th Year. Do not exhaust the entire 6 Years, that is plan to leave before 6 Year term completes, also, do check with your immigration team/attorney if there any time which you spent outside US in last 6 Years, that can be recaptured.

This is my opinion not legal advice.

I have been in and out of US over the years- not a continuous stay. I have been a manager in india for more than 2 years before i travelled and have held managerial position in US for the last 3 years.

[raghvi]

I have been in and out of US over the years- not a continuous stay. I have been a manager in india for more than 2 years before i travelled and have held managerial position in US for the last 3 years.

I would suggest you approach an attorney to determine your eligibility for L1A. As for in and out of US, it may turn out to be good, as there may be some time that can be recaptured. Again, talk to your immigration team or an independent attorney.

This is my opinion not legal advice.