L1A to H1 conversion after 6years

[nerd2k]

i tried looking around for my scenario but could not find help so checking here for help. i plan to take some help from the lawyers too later this week.

i am on L1A(my only visa) and would be completing 7 years on 1st Feb 2015 including all the vacations counted. i did plan to return to india however situation changed and i would like to stay back in us. now i am looking for options to extend my stay here with or without my company. the easiest way out of this issue was my company sponsor my GC and i could extend here in us but my company has refu. the option that came up to me was i convert to H1B thru a different company which will become active by oct 2014. as soon as its completed, my new employer starts my GC processing. assuming it takes 2 months for labor(ads will be posted as soon as H1B is approved i.e before the 1st oct) and 2 weeks for i140 using premium processing, i might be good to extend by early jan 2015. wanted to check if this is possible? or are there any other options.

[raghvi]

i tried looking around for my scenario but could not find help so checking here for help. i plan to take some help from the lawyers too later this week.

i am on L1A(my only visa) and would be completing 7 years on 1st Feb 2015 including all the vacations counted. i did plan to return to india however situation changed and i would like to stay back in us. now i am looking for options to extend my stay here with or without my company. the easiest way out of this issue was my company sponsor my GC and i could extend here in us but my company has refu. the option that came up to me was i convert to H1B thru a different company which will become active by oct 2014. as soon as its completed, my new employer starts my GC processing. assuming it takes 2 months for labor(ads will be posted as soon as H1B is approved i.e before the 1st oct) and 2 weeks for i140 using premium processing, i might be good to extend by early jan 2015. wanted to check if this is possible? or are there any other options.

L1 + H1 Max can be 6 Years so I really doubt if your plan to convert to H1 will work when you have already spent 6 Years in L1 Status.

Also, PERM process completion in 2 Months and I140 approval in 2 Weeks is little too over expectant. You do need to talk to a good lawyer to determine your options.

This is my opinion not legal advice.

[nerd2k]

Appreciate the response. i am trying to get more clarity on the visa part. i will be talking to a lawyer but i am trying to get points or idea to talk to lawyer. different lawyers different opinions :-(

1.> Am i eligible to file for a fresh H1b in the 7th year (Apr 2014) of L1A i.e my L1A's 7 years is completing on Feb 2015 and apply for H1B in April 2014. I will go back to india by Feb 2014 and come back on Feb 2015 if the H1B gets approved by Oct 2014.

2.> Can i file H1B in Aprl 2014 with a start date of March 2015(instead of Oct 2014) assuming that i go out of country by Feb 2014 to complete a year stay outside the country.

3.> do i have to wait a year to even apply for a fresh H1B if i leave US by March 2014.

[raghvi]

Appreciate the response. i am trying to get more clarity on the visa part. i will be talking to a lawyer but i am trying to get points or idea to talk to lawyer. different lawyers different opinions :-(

1.> Am i eligible to file for a fresh H1b in the 7th year (Apr 2014) of L1A i.e my L1A's 7 years is completing on Feb 2015 and apply for H1B in April 2014. I will go back to india by Feb 2014 and come back on Feb 2015 if the H1B gets approved by Oct 2014.

2.> Can i file H1B in Aprl 2014 with a start date of March 2015(instead of Oct 2014) assuming that i go out of country by Feb 2014 to complete a year stay outside the country.

3.> do i have to wait a year to even apply for a fresh H1B if i leave US by March 2014.

In order for you to get H1 beyond 6 Year stay in US, your PERM should be filed at least 365 days prior to 6th Year completion or I140 approved at the time of 6th Year completion.
On L1A you should be able to get GC filed under EB1. So have the employer file GC ASAP.

1. I doubt you are as your 6 Year stay would complete and you wouldn't have a pending for 365 days. IF you can get I140 approved (if in EB1) by that time there are chances.
2. I believe employment start date can only be Max 6 Months from the petition filing date so if you are filing in April 2014 the start date can be latest Oct 2014 .
3. Why not leave in Feb 2015 and apply in April 2015 based on pending Labor/I140 approved with Start date of Oct 2015 (you would have to be out of US from Feb 2015 - Oct 2015).

This is my opinion not legal advice.

[sreenath0012]

L1A to H1 Conversion the 7th year of L1A

Currently I'm on L1A visa, however my visa is going to expire by July, 2018. My employer has denied to apply for H1B this year, as I would be in the 7th year, by the time H1 is active by Oct, 2017.

My employer denied it, based on the reason saying that "As per USCIS policy, I cannot apply for H1 in the 7th year", however I don't see this statement anywhere in the USCIS website.

I checked with other employers, and they agreed to file for me this year. I Haven't yet taken a decision to go with them or not.

Need your advice on this...!!