L1 B VISA EXPIRY & GC Filing

[Sandra_123]

Hi
My case is bit complicated.
Our L1B visa is expiring in Feb 2022.Meanwhile my spouse company applied for Green card process june 2020 and its only in step 2 hiring process under Labor certification.
My question is that as per present timeline by the time hiring is approved and PERM is filed and its taking now nearly 7 months for approval.
Meanwhile company applied for H1B and petition is approved one year back and needs to be activated any time before Feb 2023 but if i need to stay in US what stage of green card process i should be. Do i need to activate approved H1B petition now by taking appointment asap ?
Please someone advice.

[kguduri]

As per my understanding if u get converted from L1 to H1 when u are in USA(this is change of Status) automatically from OCT 1st ur on H1 B.Not sure what u meant by activating H1.
So u'll get the H1 approved from the reminder of the time ie used period on L1b - 6 yrs= ur' H1 B Validity.
U should have a 140 approved to continue ur stay in USA beyond ur 6th yr

[Sandra_123]

Hi
You are right.My spouse petition got approved 2 years back and it was change of status but we didnt do that since i cant work if spouse moved to H1B.We continuued on L1B but now we need to change as its expiring in Feb 2022.
Currently in green card hiring process is going on but i believe if i need to continue on L1B our 485 should be in process right.

[Libra_14]

Currently in green card hiring process is going on but i believe if i need to continue on L1B our 485 should be in process right.

That's correct.