Failed to file H1B,Last Year of L1B

[india2usa10]

Hi All,

company B was late to to file my H1B this year (couldn't file this year) and they want to file for next year April 2013.
I already completed my 4th year this april, so next april will be my 5th and last year on L1B.

Query -
1. will have to leave US next year since at the time my L1B expires (even if H1B is filed in the same month next year at the same time) ? or can i stay while H1B is process with COS mode. ?

2. if next year during april 2013 to oct. 2013 (6 month), i will be in india since L1B expired in april 2013) and if H1B get approved next year, i will have to start from Oct 2013.

will my 6th year count from April 2013 (since L1B expired at that time) or Oct 2013 ?

3. will H1B approval chances are less since i am on my 6th last year of Stay L1B+H1B = 6 Year ?

4. if green card application filed in 6th year can i stay until i get green card status ?


appreciate your response on this !

[shervin143]

1. will have to leave US next year since at the time my L1B expires (even if H1B is filed in the same month next year at the same time) ? or can i stay while H1B is process with COS mode. ?
>>> You will have to leave the country if your 5 years on L1 gets completed before Oct 1st.

2. if next year during april 2013 to oct. 2013 (6 month), i will be in india since L1B expired in april 2013) and if H1B get approved next year, i will have to start from Oct 2013.
>>> Yes, your start date will be Oct 1st or later.

will my 6th year count from April 2013 (since L1B expired at that time) or Oct 2013 ?
>>> From the date you enter U.S.

3. will H1B approval chances are less since i am on my 6th last year of Stay L1B+H1B = 6 Year ?
>>> Hard to say.

4. if green card application filed in 6th year can i stay until i get green card status ?
>>> PERM need to be file 365 days prior to the end of the 6th year to file the 7th year extension or PERM and I-140 (both) should get approved before the end of the 6th year to get the 7th year extension. GC process can be started even before you start working for the employer.

[india2usa10]

shervin, Thanks alot for your reply,

Regarding you answer to 4th question -
A. when you say GC process can be started even before you start working for employer.

(In my case) do you mean that once H1B is filled April 2013 and if approved before Oct 2013 employer can start GC Process ?

or should i assume even before filing H1B next year, employer can start the GC process anytime this year (before i start working for them) ?

B. steps wise does H1B needs to process and approved first before we start the PERM and I-140 process ?

appreciate your response !

[shervin143]

GC is for future employment. You don't have to eb in H1B or any other status for that matter to begin the GC process (If you are in U.S, you need to be legally present). You can even be outside U.S and the employer can initiate the GC process.

[india2usa10]

Ok but if the GC is filled and is in Process from this year , and then H1B filled next year 2013
does it affect the chances of getting H1B approved ? since i believe GC is for immigration intention and H1B is for non immigration intention ?

is there any in betweeen stage of GC (before the final approval of GC) where H1B is no longer needed to get approved or renewed. and can continue stay until the GC status is announced ?

Thanks !

[shervin143]

Ok but if the GC is filled and is in Process from this year , and then H1B filled next year 2013
does it affect the chances of getting H1B approved ? since i believe GC is for immigration intention and H1B is for non immigration intention ?
>>> H1B is for dual intent. Filing a GC by the employer will not impact the H1B process. If it is a problem, then no one in H1B should be allowed to file GC. If you are worried, then ask the employer to file the PERM and file I-140 after you join them. PERM is not considered as immigration petition. With that, you will be able to file and get the I-140 approved after joining the employer and you will have enough time to file the extension beyond 6 year on H1B.

is there any in betweeen stage of GC (before the final approval of GC) where H1B is no longer needed to get approved or renewed. and can continue stay until the GC status is announced ?
>>> After 6 montsh of filing I-485 (last stage), you can apply for an EAD. Once you get the EAD, you can swicth to it and there is no need for H1B. I-485 is the last stage and it will take years to get there.

[india2usa10]

Appreciate your feedback...!

regarding my query 2 -

2. if next year during april 2013 to oct. 2013 (6 month), i will be in india since L1B expired in april 2013) and if H1B get approved next year, i will have to start from Oct 2013.
>>> Yes, your start date will be Oct 1st or later.

I am currently also enrolled in undergrad engg. degree at state university, how practicle it is to transfer L1B to F1 so i can utilise these 6 month in US itself to continue college degree and work 20 hrs a week and then switch to H1B from october once approved ?
(it seems crazy idea to me but can't help asking this question)

[shervin143]

Once you complete 5 years in L1 status, you will need to spend 1 year outside U.S to get a fresh 6 year period in H1B. I suggest you consult a good immigration attorney if yu are considering to switch to F1.