L1 extension and GC processing

[AVV]

Hi,

I am working for employer A with L1B visa. This visa and I94 is expiring in July 2012. I will be filing last extension in 1st week of May 2012. My 5 yrs of tenure will finish in April 2013.

My Green Card application process is just started with EB2 category and Labor/PERM shall get submitted to USCIS by September 2012. Lawyer informed that I will not get EAD/Absolute Parole by April 2013 which is my last date of 5 yrs of tenure and L1B visa can not be extended like H1 on the basis of Green Card filing or I140 approved.

What options are available to continue work in US ?

[mrcoolbuddy]

Option 1 : If you are eligible for L1A and if your company can file L1A, You will get 2 more years on L1A (total 7). So you will have two more years to get EAD and with L1A you will be eligible for EB1. And with EB1 you can get your GC in less than a year.

Option 2 : If your I-140 is approved by Apr 2013 and if your company files H1B (L1 to H1 COS) you will get one more year to stay initially (total 6). And with approved I-140 you will get extensions on H1 until you get your EAD.

[shervin143]

The person should be in H1B status to file the extension based on the approved Perm/I-140. If 5 years are completed in L1, then a COS to H1B is not possible.

Option 2 : If your I-140 is approved by Apr 2013 and if your company files H1B (L1 to H1 COS) you will get one more year to stay initially (total 6). And with approved I-140 you will get extensions on H1 until you get your EAD.

[shervin143]

Ask your company to file the COS from L1 to H1B on April 1st. If approved, you will be in H1B status starting Oct 1st. L1 + H1B in total can be 6 years. If your PERM is filed in September (which is 365 days prior to the 6th year end on H1B CAP), you are eligible to file the 7th year extension basedon the pending PERM (1 year extension) or approved PERM + I-140 (3 year extension).

Getting an L1A is not easy. The denial rate is very high.

Hi,

I am working for employer A with L1B visa. This visa and I94 is expiring in July 2012. I will be filing last extension in 1st week of May 2012. My 5 yrs of tenure will finish in April 2013.

My Green Card application process is just started with EB2 category and Labor/PERM shall get submitted to USCIS by September 2012. Lawyer informed that I will not get EAD/Absolute Parole by April 2013 which is my last date of 5 yrs of tenure and L1B visa can not be extended like H1 on the basis of Green Card filing or I140 approved.

What options are available to continue work in US ?

[AVV]

Thanks Shervin for clarification.

If L1 will get converted to H1B by COS effective 1st Oct, how will it impact on existing GC application which is happening with L1 type visa?

Will the same application continue with visa type amendment or fresh processing need to start form the begining for GC?

[shervin143]

Your GC is not tied to L1 or H1B. The employer can continue with the process that they will start on Sept.

[AVV]

After checking suggested options with company A for whom I am currently working with, they denied to file COS stating it illegal. They want me to come back India and then file for H1B.

Can I look for new company who can file H1B for me while I am here? If yes, what impact it will have on L1 extension which my current company A will be processing at the same time.

[shervin143]

After checking suggested options with company A for whom I am currently working with, they denied to file COS stating it illegal. They want me to come back India and then file for H1B.
>>> There is nothing illegal about it. Did you talk to Company's attornye or to your manager? Consult an experienced immigration attorney on your own to get more information on the COS from L1 to H1B.

Can I look for new company who can file H1B for me while I am here? If yes, what impact it will have on L1 extension which my current company A will be processing at the same time.
>>> Search and read about the last action rule. If your H1B petition gets approved last and if the H1B effective date is after L1 effective date, then you will be in H1B status (as of the H1B effective date printed in the approval notice) and you should be working for the H1B sponsor (any employment with L1 employer past the H1B effective date is illegal). If L1 beocmes effective after H1B, then you will be in L1 status and so you cannot work for the H1B sponsor unless you leave the ocuntry and return back in h1B visa.

[KPM5]

L1 A to GC

Currently I am on L1 A status (first 3 years) and my visa will expire on August 2012. I want to file GC and as per my manager I will have to wait till L1 A renewal to initiate GC process My employer will initiate renewal of L1 A within a month. As per him consulate is revisiting L1 A file status while filing GC. I am not convinced at all, since all my papers are clean. Please advise. Thanks in advance.

[shervin143]

Filing GC has nothing to do with your extension of status. Consult an immigration attorney to get more clarification.

Currently I am on L1 A status (first 3 years) and my visa will expire on August 2012. I want to file GC and as per my manager I will have to wait till L1 A renewal to initiate GC process My employer will initiate renewal of L1 A within a month. As per him consulate is revisiting L1 A file status while filing GC. I am not convinced at all, since all my papers are clean. Please advise. Thanks in advance.

[KPM5]

Filing GC has nothing to do with your extension of status. Consult an immigration attorney to get more clarification.

Thanks for your response.As per attorney now a days Consulate has started revisiting L1A visa while processing GC. Since right now i am on L1A status he suggested first to file for extension of 2 years and then he will file GC. I am not convinced because i think that L1A renewal has nothing to do with GC Processing. Is that correct ? Please guide.

[goomail]

GC is for future employment, and it has nothing to do with the L1 extension.