L1-A and EB2 GC

[arunc]

Hi All,

Greetings of the day…and thanks in advance for your time.

At present I’m in L1-A and my 7 year quota will get over by October 2017.Due to certain technical limitations, My Firm is processing my Green Card in EB2 category. (not in EB1)

Question

1. If my perm & I-140 are approved and then I apply for fresh H1-B in 2016 and if selected in a lottery, can I continue my stay in US by doing 3 year H1 extensions until unless I get my GC/EAD…?
2. In Case I do not get selected in 2016 H1 Quota, will I have to exit USA on completing my 7 year limit on L1-A which would also demand a stay of minimum 1 year outside of the US (cooling period) before I can come back to USA in another H1/L1…?
3. If 2 is ‘YES’, will I lose my prior approved I-140?

Regards,
Arun

[inadmissible]

1) one year extensions
2) you will have to leave
3) no, and when your priority date becomes current, you can apply for an immigrant visa via consular processing.

The disruption in your stay in the United States is why employers file a EB-2 petition much earlier in the timeline, or at least file EB-1.

[arunc]

Thanks much in advance.

As per my scenario, My L1-A and my 7 year quota will get over by July 2017. My company is filing EB2 in July 2015.
If my perm & I-140 are approved and then I apply for fresh H1-B in 2016 and if selected in a lottery, can I continue my stay in US by doing H1 extensions....?


Regards,
Arun

[inadmissible]

Yes, IF the I-140 is approved AND the H-1B is selected in the lottery you can go repeatedly apply for one-year extensions until your I-140 priority date is current

[onen1ly]

L1A and EB2C

Yes, IF the I-140 is approved AND the H-1B is selected in the lottery you can go repeatedly apply for one-year extensions until your I-140 priority date is current

Hi, I have been reading this conversation and its interesting. I also fall under the similar category. Currently I'm on H1-B with Company A and only 10 months left in my 6 years of H1-B CAP (Sep' 2016).

1) Now if my company files both L1-A and EB2 simultaneously, what are the chances of me staying back in US without going back to India permanently?
2) What happens if my I-140 is approved after Sep'2016 when I'm on L1-A?
3) How much time usually takes for I-140 Priority date to Current date?
4) Can I apply for extension when I'm on L1-A, if I get my I-140 approved to Current date?

Thanks much in advance,
Sri

[raghvi]

Hi, I have been reading this conversation and its interesting. I also fall under the similar category. Currently I'm on H1-B with Company A and only 10 months left in my 6 years of H1-B CAP (Sep' 2016).

1) Now if my company files both L1-A and EB2 simultaneously, what are the chances of me staying back in US without going back to India permanently?
2) What happens if my I-140 is approved after Sep'2016 when I'm on L1-A?
3) How much time usually takes for I-140 Priority date to Current date?
4) Can I apply for extension when I'm on L1-A, if I get my I-140 approved to Current date?

Thanks much in advance,
Sri

You are mixing up many things here. First of all an approval of I140 can be used to extend a valid H1 in multiple of 3 years once initial 6 Years is completed. Again, its not be default that 3 Year extension is granted, it depends upon how much work employer can show.

1. Though possible, but you would have to act quickly to get I140 approved in next 10 Months. If there is audit in your PERM application then 10 Months may not be enough and you will have to leave as and when your 6 Year completes.

Secondly, a conversion from H1 to L1A is not an easy task as , H1 + L1 can at max be for 6 Years so I dont think you will be eligible for L1 if you already spent 6 Years in H1 status. Also, were you with the Company A in their non US office for at least 1 year in a managerial/executive position before entering US?

3. Priority date becoming current for EB2 can take anywhere from 5 Years to 8 Years as per current trends.
2 & 4. An approval of I140 can be used to extend a H1 not an L1 visa.

This is my opinion not legal advice.