Advice on how to extend stay with L1B due to expire next year and PERM filing done

[William Konitzer]

Hi

I'm on an L1B visa which expires Feb 2013. I have an approval to get the visa extended to Aug 2013 after which point I will have been 5 years in L1B status and I have to leave the USA.

My employer is due to file PERM this week in the EB2 category. Assuming the EB2 category for Europe remains 3 years behind I won't be able to file for the green card until about Jan 2016

What are my options for trying to remain in the USA until I can file for my green card? Can I file PERM get the I-140 approval and then change to an L1A (I do enough managerial stuff that I believe I would qualify), or would that invalidate my PERM filing? Changing to an L1A would give me an extra 2 years which might possibly be enough time. Alternatively could I file the PERM and get the I-140 approval and then petition for an H1B with the same employer. How long would I be able to stay on the H1B if approved, would it be 6 years (as it's a new visa status), or would the 6 year stay on H1B also include my time in L1B status (so in effect I would only get an extra year). Would having an H1B invalidate my PERM filing?

If I do leave the USA for a year, am I able to come back and visit as a tourist? Is the year outside the USA, consecutive days, or cumulative days?

Many thanks in advance for the feedback on my situation.
-Will

[shervin143]

What are my options for trying to remain in the USA until I can file for my green card?
>>> File L1A and you can get an additional 2 years. File H1B in the next years CAP and you can get an additional 1 year. But you need to be in valid L1 status until the end of Sept to get the H1B COS approved. If you have spent any vacation time outside U.S that you can reclaim to extend the L1 until the end of Sept, that will help while filing the COS to H1B.

Can I file PERM get the I-140 approval and then change to an L1A (I do enough managerial stuff that I believe I would qualify), or would that invalidate my PERM filing?
>>> You can do that. It doesn't matter. GC is for future employment. Whether you file L1A first or PERM first doesn't make any difference.

Changing to an L1A would give me an extra 2 years which might possibly be enough time. Alternatively could I file the PERM and get the I-140 approval and then petition for an H1B with the same employer. How long would I be able to stay on the H1B if approved, would it be 6 years (as it's a new visa status), or would the 6 year stay on H1B also include my time in L1B status (so in effect I would only get an extra year).
>>> H1B + L1 combined is for 6 years. You will not get a fresh 6 year period in H1B unless you leave the country and stay away for 1 whole year before filing the H1B petition.

Would having an H1B invalidate my PERM filing?
>>> No.

If I do leave the USA for a year, am I able to come back and visit as a tourist? Is the year outside the USA, consecutive days, or cumulative days?
>>> It is consecutive 365 days away from U.S. Advisable not to visit U.S during this time frame.

[William Konitzer]

Thanks for the quick reply It was most informative.