L-1B visa extension - applying for green card

[Razvan]

Hi,

I'm currently on a L-1B extension, working for a company in US since 2008.
My L-1B extension expires on Jan 1st, 2013, so it cannot be extended anymore, because I will reach the maximum of 5 years allowed.

My employer is planning to apply for a PERM this year, before L-1B expires.
If they apply for PERM, but it doesn't get approved until my L-1B extension expires, will I be allowed to continue to work in the US until we receive an answer from DOL? If yes, would that status be granted automatically, or could it also be denied? What status would that be? H1?


Thank you,
Razvan

[shervin143]

You cannot continue in L1 (individual or blanket) beyond 5 years. An extension will not be granted in L1 status beyond 5 years whether GC is in process or not. If you are in H1B status, then you can file the 7th year extension based on the PERM or I-140. If you are planning to stay in U.S under a work visa for a longer time, then your employer should file a COS from L1 to H1B under 2013 CAP. Total stay in L1 + H1B combined is 6 year. But when you are in H1B status, the 7th year extension can be filed if the GC application is in process. The PERM need to be filed 365 days before the end of the 6th year. If the H1B gets approved, then it will be effective from Oct 1st. If the employer also file a PERM immediately, then you will have enough time to file the 7th year H1B extension. If you need a status change, the employer should file for it. Nothing will happen automatically.

[Razvan]

Thank you for your reply.
I just need a little clarification:
You said "then your employer should file a COS from L1 to H1B under 2013 CAP".
Did you mean under "2012 CAP"? Because, in order to have continuity of status (my L-1B extension expires on Jan 1, 2013), my employer needs to file a COS from L-1B to H-1B this year (2012), not next year, correct?
And also, important to clarify, if my employer files for a COS from L-1B to H-1B this year, is it subject to 2012 annual cap, or not? (considering that it will be basically valid only for 1 year (2 years maximum if filed for GC), because I had L-1B for 5 years and, as you said, total stay for L1 + H1B combined is 6 years)

Thank you,
Razvan

[shervin143]

2012 CAP closed last year and you cannot file your H1B under that. What is open right now in 2013's CAP. If you file it under 2013 CAP, then the H1B effective (start) date will be Oct 1st 2012. Check the USCIS.gov website to see which year's CAP is currently open. And yes, you will have to file your H1B under a new CAP.

Thank you for your reply.
I just need a little clarification:
You said "then your employer should file a COS from L1 to H1B under 2013 CAP".
Did you mean under "2012 CAP"? Because, in order to have continuity of status (my L-1B extension expires on Jan 1, 2013), my employer needs to file a COS from L-1B to H-1B this year (2012), not next year, correct?
And also, important to clarify, if my employer files for a COS from L-1B to H-1B this year, is it subject to 2012 annual cap, or not? (considering that it will be basically valid only for 1 year (2 years maximum if filed for GC), because I had L-1B for 5 years and, as you said, total stay for L1 + H1B combined is 6 years)

Thank you,
Razvan