L1B Visa expiring in June 2022, PERM is still pending, can I stay?

[kent_moore]

Hi, I have used up all my 5 years as an L1B visa. My company started GC application for me (I knew it's too late). I have not lodged my PERM yet but my biggest worry is by the time my L1B visa expired, my PERM is still pending in DOL.

Is there any chance I can stay in the US legally after my visa expire? I read about 245k but I'm not sure if this is applicable, it also sounds risky to me. I asked my lawyer through email but she's not so responsive.

Appreciate your responses.

EDIT: Typo error, visa will expire in June 2020 NOT June 2022.

[Libra_14]

Only option you've is to switch to H1 before your L1B expires.

[kent_moore]

^Thanks Libra. I don't really want to count on H1B, I've been denied for my last 2 applications. And even if I get lucky for the 3rd time, H1B won't kick in until Oct 2020. So it means, I still have to leave the country for 4 months.

[Libra_14]

Unfortunately yes, if you do not have leave period which you may want to claim.