- URGENT PLEASE HELP - H1B Extension beyond 6 years

[djayash]

Hi,

My wife and myself are on L1A Visa that maxes out the 7 years on Sep 2012. My GC processing in underway and I140 will be submitted in another month.

I am planning to transfer to H1B visa, but have the below questions

1) I will be maxing out 6 years on Sep 2011. If I apply for H1B next year, it would be effective October,2011. I guess my H1B will be denied as I would reach my maxout already. Can I apply for L1A to H1B transfer with extension?
2) If not, do I still have an option for H1B this year?
3) If I get my H1B and for some reason, the extension does not go through, can I continue my stay with my L1A?

Please let me know on these as I need to decide on when to go for the L1 to H1 transfer.

Thanks,
Deepak

[shervin143]

What is your primary reason for applying H1B? The max H1B + L1 is 6 years. After that, you need to spend 1 year outside U.S. If you are in L1A, then you have 7 years.

If H1B is denied, then you will continue to be in L1 status.

[djayash]

Hi,

My intent of transferring to H1B is to extend my stay here beyond 6 years. If I am on L1, I cannot stay beyond the 7 yrs maxout.

[shervin143]

That is possible based on your approved/pending I-140.

1) I will be maxing out 6 years on Sep 2011. If I apply for H1B next year, it would be effective October,2011. I guess my H1B will be denied as I would reach my maxout already. Can I apply for L1A to H1B transfer with extension?
>>> There is no such thing as L1A to H1B transfer.

2) If not, do I still have an option for H1B this year?
>>> Yes. The CAP is still open.

3) If I get my H1B and for some reason, the extension does not go through, can I continue my stay with my L1A?
>>> Yes.

[djayash]

Thank you so much Shervin.

If I understand right, if my H1B is processed, I will have two visas avaialable at the same time (L1A and H1B) and I can use either of them as needed.

Also, if I apply for H1B next year, will there be an issue as my 6 years maxout will be in Sep 2011. Can I apply for H1B with extension considering my I-140 status.

[txh1b]

Your understanding is partly right. If the H1b is processed as a COS, you will automatically be on H1b as of the date of approval on the I797 or Oct 1st if it belongs to a newer quota.

[djayash]

Thanks...My Employer would probably go with a COS as he did my L1A too. So in that case, I will be on H1B and not on L1A and if there are issues with the extension of my H1B beyond 6 years, I would have to leave the country.

Also, please let me know on my other question. I would max out 6 years on Sep 2011. If I apply for H1B next year, will I have an issue? Or Can I apply with extension considering my I-140 status (approved or in progress)

[txh1b]

Did your employer apply for your labor yet? If so, switching to H1b will help assuming your labor was applied 365 days prior to the date of expiration of your saty.

I don't think you have provided info if the labor/140 is approved.

[djayash]

Hi,

My PERM Application ETA 9089 is approved and my employer will be filing the I140 soon. Considering this, please suggest me the best approach

1) I max out 6 years on Sep 2011. Should I apply for H1B now though my employer or can I do it next year.
2) If my H1B Extension does not work out, can I continue my stay on L1A until Sep 2012 (7 years maxout)

[txh1b]

If I were you, I would switch to H1b now and get a 3 year extension after the I140 is approved.

[djayash]

Thank you so much. I am checking with my Immigration HR on the options available. Appreciate all your assistance on this.

[djayash]

Hi,

I just got a mail that I will have to submit the I-140 questionnaire and the necessary documents. Also, my Employer will send me the ETA 9089 for signature. Any idea, how long it would take to complete these steps and get I-140 approved under EB3 category.

[shervin143]

These days I-140 gets approved in 3 months. Sometimes its between 3-6 months.

Hi,

I just got a mail that I will have to submit the I-140 questionnaire and the necessary documents. Also, my Employer will send me the ETA 9089 for signature. Any idea, how long it would take to complete these steps and get I-140 approved under EB3 category.

[txh1b]

If you are in a rush, go with premium on the 140 and get a result in 15 days. The company or you may have to pay $1000 extra.

[djayash]

Hi,

My Employer submitted my PERM in Jan 2010 under EB3 Category. My PERM is now approved and they will be filing my I140 soon. I was trying to check when my I485 will be filed. From the information above, I guess my Priority Date would be Jan 2010. I am from India and the link below suggests that the current processing date is 2002. Does that mean I will have to wait another 8 years to file my I485?

http://www.immihelp.com/visa-bulletin/

Please help me understand this process. Appreciate all the help.

Thanks,
Deepak.