Green card for L1 B Visa

[Morning Light]

I'm on L1 B and my visa will expire on Dec 31st, 2012.
However, I can stay in US till Aug 2013 based in my I-94 validity. As of now I'm planning to stay till June, 2013 as my physical stay of 5 years will be over in June.
My company is thinking of initiating my green card.

In this situation how long will it take formy GC process?
Will I be able to stay in US beyond June 2013 as my GC is in progress ?
I have 8 years of experience in IT and I'm a BE in Electronics and Communications.

[immihelp]

There is no provision to extend L1B visa beyond 5 years.

And your green card processing will most likely be in EB3 or probably in EB2, and both of them take years.

I wonder why you didn't start your green card processing all these years.

[Morning Light]

Thanks for the reply.

But if my company starts my GC process, I have heard that after some point in GC you can stay in country for 3 years till you get your EAD. Is it true ?
Is it applicable for LI B ?

[immihelp]

There are some provisions like that for H1 visa, but not for L visa.

https://www.immihelp.com/h1-visa-extension-beyond-6-years-in-usa/

[Morning Light]

Will I be able to stay in US if I convert my visa to H1B ?
In that case, even if my employer starts my GC process, will I be able to stay in US for the 3 years which H1B folks have the privilege of.

I have heard that H1B approvals come in the month of October.
Will that be a problem as my I-94 is expiring on Aug2013 and my physical stay of 5 years will be over in June 2013.

Apologies for many questions. I'm just trying to think of the possible options so that I can get my GC processed.

[raghvi]

Will I be able to stay in US if I convert my visa to H1B ?
In that case, even if my employer starts my GC process, will I be able to stay in US for the 3 years which H1B folks have the privilege of.

I have heard that H1B approvals come in the month of October.
Will that be a problem as my I-94 is expiring on Aug2013 and my physical stay of 5 years will be over in June 2013.

Apologies for many questions. I'm just trying to think of the possible options so that I can get my GC processed.

L1+H1 combined stay can also be only 6 Years.

Did you at any previous time have an H1? If no then you cant do H1 transfer too .

You can get new H1 only if the H1 Cap is open. The H1 Cap will open only in April 2013 and its start date will only be 01-October-2013 or later. Even if you start H1 processing in April 2013 , on what visa are you going to stay in US from June 2013 till 01-Oct-2013? You cannot stay in US after June 2013 on L1 and you cant convert to H1 in June 2013 as new H1 can only start from 01-Oct-2013. You woul dhave to leave in June 2013.

Even if you leave US in June 2013 and get H1 and return in Oct 2013 you will get H1 only for 1 Year, that is , till Oct 2014 as H1+L1 can only be 6 Years if oen doesnt stay for 1 Year outside Us.

Unfortunately having delayed GC processing has left you with not much options now.

Advisable to start GC processing immediately, apply for new H1 as consular processing in April 2013, leave US in June 2013, get new H1 processed , return in Oct-2013, hope that you get I-140 approved by Oct-2014 and based on approved I-140 can get H1 extensions beyond 2014.

This is my opinion not legal advice.