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Hoping to get your views on my case. I have been working in this current company for past 10 years. Initial years I was in India. The company applied for my L1B and I spent 5 years (ending Nov'2015) on L1B in USA.
(Aug'2015)3 months before the completion of my L1B tenure, company wanted to retain me in USA so applied for change to L1A to get the 2 year extension.My L1A was accepted but the stay duration was not extended as there is some 6 months rule for L1B to L1A conversion. I had to return back to India in Nov 2015.
After spending 3 months in India, my company applied for L1A on March 2016 and my petition was approved and the additional 2 years were granted (till March 2018). I will be going for visa stamping in few days and will fly to USA after that.
I am looking to stay back in USA once I go there. I would like to find out the legal options available:
1. Apply for EB1 and get a GC
: The person who is handling the visa is not agreeing to apply EB1. He is asking for a stay in India for min 1 year whereas my stay in India as a manager after my L1A conversion is only for 6 months.(Nov'2015-May'2016)
2. Apply for EB2 and get a GC
: My duration is extended for only 2 years and EB2/GC will not be completed during this time, so I will not be able to extend my stay in this case.
3. Apply for H1 and then get extension with EB2/GC.
: I have already spent 5 years in USA on L1B. After spending 6 months in India,I will be back in USA on May'2016. Is there an option for me to apply for H1B in March'2017 and then convert to H1B in October and extend my stay based on my EB2 status. Note: My 6 year duration will be completed on May'2017. I have valid L1A till March'2018
Timelines
L1B visa 5 years complete/Return to India: Nov'2015
Back to USA :May'2016
L1A petion 2 years approved for duration : March'2016 - March'2018
Let me know if you guys think of any other options or have any suggestions.
(Aug'2015)3 months before the completion of my L1B tenure, company wanted to retain me in USA so applied for change to L1A to get the 2 year extension.My L1A was accepted but the stay duration was not extended as there is some 6 months rule for L1B to L1A conversion. I had to return back to India in Nov 2015.
After spending 3 months in India, my company applied for L1A on March 2016 and my petition was approved and the additional 2 years were granted (till March 2018). I will be going for visa stamping in few days and will fly to USA after that.
I am looking to stay back in USA once I go there. I would like to find out the legal options available:
1. Apply for EB1 and get a GC
: The person who is handling the visa is not agreeing to apply EB1. He is asking for a stay in India for min 1 year whereas my stay in India as a manager after my L1A conversion is only for 6 months.(Nov'2015-May'2016)
2. Apply for EB2 and get a GC
: My duration is extended for only 2 years and EB2/GC will not be completed during this time, so I will not be able to extend my stay in this case.
3. Apply for H1 and then get extension with EB2/GC.
: I have already spent 5 years in USA on L1B. After spending 6 months in India,I will be back in USA on May'2016. Is there an option for me to apply for H1B in March'2017 and then convert to H1B in October and extend my stay based on my EB2 status. Note: My 6 year duration will be completed on May'2017. I have valid L1A till March'2018
Timelines
L1B visa 5 years complete/Return to India: Nov'2015
Back to USA :May'2016
L1A petion 2 years approved for duration : March'2016 - March'2018
Let me know if you guys think of any other options or have any suggestions.
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