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L1a to H1b change of status in 7th year approved i140
Need your advice on my GC / visa inquiry.
Case Details:
April 2015:: Came to the US on H1B
December 2018:: Changed to L1A
Current Status: L1A valid till October 2022
GC application in progress in EB2; PERM to be filed by end of March; expect to receive I-140 in 2022 (7th year of L1A).
My questions are:
1. My 6 years in the US would be completed in October 2021 (L1+H1). Please advise if having I-140 approved in the 7th year would make me eligible to change my status back to H1B and get 3 year extension in the US based on the approved I-140 and AC21 rule? I am thinking that I will be in the L1A 7th year next year... Would I-140 approved next year allow me to change my status back to H1B and get 3 years extension based on the AC21 rule since I was on an H1B visa earlier?
If I am not eligible for L1A to H1B conversion and get 3 year extension in the 7th year:
2. Shall I convert from L1A to H1B now in the 6th year (till Oct 2021), before getting I-140 approved and letting go of my L1-A extra year I am getting?
3. Or can I remain on L-1A and leave the US before completing 6 years in the US (L1 + H1) and file for a change of status to H1B once I get my I-140 approved? Would the change of status and extension be 3 years in that case?
I am really not getting answers from my company's attorney....they give different answers all the time. I am in despair and any advice you may offer I would really appreciate.
Thank you.
Case Details:
April 2015:: Came to the US on H1B
December 2018:: Changed to L1A
Current Status: L1A valid till October 2022
GC application in progress in EB2; PERM to be filed by end of March; expect to receive I-140 in 2022 (7th year of L1A).
My questions are:
1. My 6 years in the US would be completed in October 2021 (L1+H1). Please advise if having I-140 approved in the 7th year would make me eligible to change my status back to H1B and get 3 year extension in the US based on the approved I-140 and AC21 rule? I am thinking that I will be in the L1A 7th year next year... Would I-140 approved next year allow me to change my status back to H1B and get 3 years extension based on the AC21 rule since I was on an H1B visa earlier?
If I am not eligible for L1A to H1B conversion and get 3 year extension in the 7th year:
2. Shall I convert from L1A to H1B now in the 6th year (till Oct 2021), before getting I-140 approved and letting go of my L1-A extra year I am getting?
3. Or can I remain on L-1A and leave the US before completing 6 years in the US (L1 + H1) and file for a change of status to H1B once I get my I-140 approved? Would the change of status and extension be 3 years in that case?
I am really not getting answers from my company's attorney....they give different answers all the time. I am in despair and any advice you may offer I would really appreciate.
Thank you.
