L1B to H1B stay continuity in the US

[sreesai_2019]

Hi Team,

I have completed 4 years in L1B Visa and then I got H1B Visa with same employer. Now I've completed 1 year in my H1B. I need few clarifications as mentioned below. Thanks in Advance!

• As per my understanding I can stay up to 6 years with combined H1B and L1B. Once I complete 6 years, I need to go outside of the US and return back only after an year. Is this understanding correct?

• I have also read that in order to ensure continuous stay in the US(without going outside for 1 year), my employer needs to process the Green card ASAP. Is it a right assumption?

• If the above assumption is correct, then what should be status/stage of my GreenCard application to ensure the continuity of stay without going outside of the US for 1 year?

[rkk09]

Hi,
Please see my response below.
1. As per my understanding through your information, you will have another one year in your Account. If you don't have I-140 Approval when you want to do H1B Ext beyond six years then you will need to leave country and wait abroad for one year and again apply H1B under quota.
2. Yes. In order to extend your H1B beyond six years, you will need to have I-140 Approval on your hand. I-140 petition filing is second stage of GC process. First, your sponsoring Employer needs to file PERM.
3. You will need to initiate GC process immediately as you are in sixth year now.
I just give overview of GC processing for Employment based. For further clarification, you can contact your Immigration Attorney.
PWD--- Recruitment Process---- PERM filing----- I-140 Filing---- I- 485 filing.
Thanks

[sreesai_2019]

Thanks, rkk09 for the detailed response.

[lisaanderson]

Yes, you are only entitled to 6 years max in H-1B status. In order to extend beyond the 6th year, you need to have an I-140 approved (if you are from India or China or any other retrogressed country). If you are from a non-retrogressed country (ROW), you will need to have the I-140 approved and file the I-485 in order to stay here.

Your employer needs to have already started the PERM by now. It is currently taking at least 5 months to get a PWD (assuming your employer does recruitment while the PWD is pending); PERM Processing is 6 months; I-140 prep and approval will take 3 weeks with Premium Processing which gets you to almost exactly 1 year and then the H-1B needs to be filed before you current H-1B expires.

[sreesai_2019]

Thanks, lisaanderson for the details. Appreciate your inputs!