L1A - to apply GC or H1.

[vasudevadv]

Hi,

I am on L1A and I would complete 7 years of stay (max - out date) by June 2017.

1. My company is not ready to apply for GC even though L1A on EB1 is current. Are there any option for me to apply for GC on my own? What other alternatives do I have?

2. Can I apply for H1 in 2016? Will H1 be considered as fresh application and can stay for another 6 years in H1? or will it be a COS where if I get picked in lottery and H1 approved can stay only till June 2017?

Please advise.

[raghvi]

Hi,

I am on L1A and I would complete 7 years of stay (max - out date) by June 2017.

1. My company is not ready to apply for GC even though L1A on EB1 is current. Are there any option for me to apply for GC on my own? What other alternatives do I have?

2. Can I apply for H1 in 2016? Will H1 be considered as fresh application and can stay for another 6 years in H1? or will it be a COS where if I get picked in lottery and H1 approved can stay only till June 2017?

Please advise.

1. Unless you are one of those who has exceptional abilities (national Level/International level scientist/celebrity/sports person etc), you cannot self petition, you need an employer to file GC for you.
2. You may be able to but the duration would be very less as L1+H1 Can at max be for 6 years.

This is my opinion not legal advice.