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L1-B beyond 5 years

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  • L1-B beyond 5 years

    As per my understanding, there is cap of stay on L1b individuals for a stay in US.

    (1) Is there a workaround on this to extend your stay beyond 5 years?
    (2) Would filing a green card can help?
    (3) Is it a possible to initiate a EB1 category green card for someone on L1B when his case is very strong? With strong I mean, the purpose of individual's stay in US. The only thing is that position is not managerial.

  • #2
    You can try to change to H1.
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    • #3
      l-1A is the option

      Originally posted by visa_2014 View Post
      As per my understanding, there is cap of stay on L1b individuals for a stay in US.

      (1) Is there a workaround on this to extend your stay beyond 5 years?
      (2) Would filing a green card can help?
      (3) Is it a possible to initiate a EB1 category green card for someone on L1B when his case is very strong? With strong I mean, the purpose of individual's stay in US. The only thing is that position is not managerial.

      Even H-1B is not possible now because cap are closed, Only option for you is to convert to L-1A . You might not be eligible for EB1 because you are on L-1B , if you are on L-1A then it might be possible. Even if you file GC in eb2/2b3 category when you are on L-1 , You cannot extend beyond the maxout based on the I-140 approval.
      Inorder to extend beyond the maxout , You have to be in H-1B.

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      • #4
        Originally posted by Askjenny View Post
        Even H-1B is not possible now because cap are closed, Only option for you is to convert to L-1A . You might not be eligible for EB1 because you are on L-1B , if you are on L-1A then it might be possible. Even if you file GC in eb2/2b3 category when you are on L-1 , You cannot extend beyond the maxout based on the I-140 approval.
        Inorder to extend beyond the maxout , You have to be in H-1B.
        In addition, I believe for L1A, the conversion for L1B to L1A has to be applied 6 Months before L1B max out.

        This is my opinion not legal advice.

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