PERM with DOL/L1 Maxing out/H1B dint pick up?

[manojyakkali1985]

My employer have filed my PERM with DOL in DEC 2014 and still it is in process. I am currently maxing out on l1 this DEC 2015 so we have applied for H1B. What will happen if my H1B is not picked up this year?

DO I have to go back to India or is there way we can extend since I have submitted my PERM before one year my L1 max out date?

What are my options?

Thanks,
My

[raghvi]

My employer have filed my PERM with DOL in DEC 2014 and still it is in process. I am currently maxing out on l1 this DEC 2015 so we have applied for H1B. What will happen if my H1B is not picked up this year?

DO I have to go back to India or is there way we can extend since I have submitted my PERM before one year my L1 max out date?

What are my options?

Thanks,
My

L1B or L1A?

When you say Max Out, have you calculated the physical stay period in US? Is that completing 5 Years/7 Years? Is there any possibility of recapture of any vacation days/time spent outside US?

L1B stay cannot be extended beyond 5 Years, and L1A stay cannot be extended beyond 7 Years stay, even if PERM is applied timely or I140 is approved. You need to be on H1 in order to extend stay.

So if your H1 is not picked up, and your 5 Years L1B/7 Years L1A physical stay has completed then, yes you would have to leave US and apply fresh H1/L1 after 1 Year.

This is my opinion not legal advice.

[manojyakkali1985]

Thanks Raghavi for quick reply.

I am currently on L1B. My current L1B petition expires on DEC 2015. My max out date excluding the outside US stay is 06/30/2016.

So if my H1B is not picked up, to extend till 06/30/2016 I have to apply for L1 extension and for further say if I need I have apply L1A untill i get a H1. Is that correct?

[raghvi]

Thanks Raghavi for quick reply.

I am currently on L1B. My current L1B petition expires on DEC 2015. My max out date excluding the outside US stay is 06/30/2016.

So if my H1B is not picked up, to extend till 06/30/2016 I have to apply for L1 extension and for further say if I need I have apply L1A untill i get a H1. Is that correct?

So Dec 2015 is only your petition expiry date not the actual "max out date" and your max out date is beyond 06/30/2016 assuming you have outside US stay days?

I would suggest you take it one step at a time.
1. If H1 not picked up, yes would need to apply for extension in order to stay beyond Dec-2015. During this extension request, your attorney can furnish evidence of total stay in US on L1B and then ask USCIS to extend petition for the remainder period (5 Years minus time already spent in US)
OR
If you have got promoted and are eligible for L1A then the attorney can file a L1B to L1A too. The L1B to L1A has to happen as soon as one gets promoted, OR at least 6 Months before L1B 5 Year term expiry.
Now whether L1B extension has higher chances or L1B to L1A that would have to be determined by your immigration team/attorney based on the documentation. Talk to your attorney about the timing and documentation required for each.

Which EB category is your GC being planned for? Dont know if you thought about it already but L1A generally try for EB1 GC as its easier and much faster. If that works out you can get GC within a 1 Year or so, and no need of H1.

This is my opinion not legal advice.

[apoxita]

Sorry for bringing this old topic up again. I have the same situation and dont know what options I have.
I am under L1-B, will be physically maxed out at Jan 10, 2018
Applied for H1 but didn't get picked last year and this year (my bad luck )
My Employer is starting the PERM process for me. I know it would take 4-9 months for PERM but I only have 5 months left to stay in US.
What options I have now?
Let's assume that I'm lucky enough to get I-140 approved before the maxed out date, I still have to leave because L1-B cannot be extend when reach the max 5 years. So, what should I do?
Thank you