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H1B to L1A and then move back to H1B after I-140

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  • H1B to L1A and then move back to H1B after I-140

    Hi Everyone,

    Can anyone help and suggest your opinion for my case?

    I'm currently on H1B and my I-94 expires in Jan 15 2015(completing 6 years by Jan 15, 2015). My employer processing My GC-PERM in EB2 category. Since there is a delay in PERM submission and expecting delay in Labor process and I-140 approvals. so i will not be able to get my PERM done before my H1B 6 years period. So i cannot stay legally after Jan 15th 2015 in US unless i change my status from H1B to L1A. Because L1A allows me to stay another 1 year after Jan 15, 2015. I.e Jan 15, 2016.

    I'm going for L1A as i'm eligible (playing Sr. Manager role + working for same company before i move to US).

    Now i have 2 questions

    - Is COS process should be initiated before 6 months of my H1B end date?
    - After my labor and I-140 approval, can i switch the status back to H1B from L1A?

    I appreciate your suggestions and answers to my questions

    Thanks,
    Harsha.

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