H1B to L1A and GC Processing Questions

[infoseek2025]

Hi
I entered US in 2006 June with H1B and converted to L1A which is valid till June 2013 with the same company so that my spouse can work also I was promoted as a manager while I was working in US.

My company attorney/HR explained to me if I have to apply for a GC then I will have to go back to H1B at the end of 6 year tenure so that they can file for extension, as extensions are not possible in L1A beyond 7 Years. Also they informed me that I cannot take advantage of any L1A benefits since I was not a manager when I entered US in 2006.

Due to some reason my company could not apply for Labor certification in a timely manner and they could apply only this March 2012 in EB3 category.

Now that my 6 Year tenure is approaching this June 2012, nor can they switch me back to H1 as the labor application date is not 365 days pending. Ideally I will have to leave the country at the end my L1A visa which is valid until June 2013.

My question would be, is there a way to stay back in US while my GC is getting processed.

Any suggestions would be really helpful.

Thank you.

[shervin143]

If your PERM was not filed 365 days prior to the end of the 6th year and if your I-140 is not approved before the end of the 6th year, then the 7th year extension on H1B is not possible.

[infoseek2025]

If your PERM was not filed 365 days prior to the end of the 6th year and if your I-140 is not approved before the end of the 6th year, then the 7th year extension on H1B is not possible.

Thank you Shervin, Do you have an idea of the processing times with respect to labor certification,

[shervin143]

Anywhere between 2-4 months. It used to be 10-11 months before a year and half.

Thank you Shervin, Do you have an idea of the processing times with respect to labor certification,

[infoseek2025]

Anywhere between 2-4 months. It used to be 10-11 months before a year and half.

Thank you very much