Question on L1-H1 - May stay - GC reached I140

[friendsforlife2921]

Hello,

My L1 is expiring on May 2015 (after 5 yrs) any my employer has agreed to reapply for L1-H1B conversion for 2015. I know they take into account my L1 stay period when considering max stay for H1B which is 6 years. Given that my GC is reached I-40 and I am waiting for my priority date, can you let me know If I can extend my H1B beyond 6 years given my situation?

Thanks
Guru

[raghvi]

Hello,

My L1 is expiring on May 2015 (after 5 yrs) any my employer has agreed to reapply for L1-H1B conversion for 2015. I know they take into account my L1 stay period when considering max stay for H1B which is 6 years. Given that my GC is reached I-40 and I am waiting for my priority date, can you let me know If I can extend my H1B beyond 6 years given my situation?

Thanks
Guru

You would be able to extend your H1 only if you already are on H1. You would first need to get H1 approved in April 2015-Oct-2015 time frame, and start on H1 from Oct 2015.

Even if you do get H1 approve din 2015, the issue is on what visa are you going to stay in US between May 2015 till Oct 2015? Having a pending GC, or pending H1 doesnt allow you validity to stay in US.

This is my opinion not legal advice.