Regarding L1A and Green Card in 140 stage

[bmaheshreddy]

Hi,

I am having L1A VISA which is going to get expired in August 2014(completing L1A tenure of 7 years by Aug 2014).
I have applied for Green card and my I-140 is approved.
I cannot apply for I-485 as my priority date has not yet came.

Can I apply for my L1A VISA extension based on my I-140 approval? Please clarify.

Thanks.

[point]

Regarding L1A and Green Card in 140 stage

When did you apply for i140 and when was it approved? How long did it take and in what category?

[raghvi]

When did you apply for i140 and when was it approved? How long did it take and in what category?

I assume it wasnt applied in EB1 Category. L1A cannot be extended beyond 7th Year physical stay limit.

This is my opinion not legal advice.

[bmaheshreddy]

When did you apply for i140 and when was it approved? How long did it take and in what category?

Thanks for the reply.

I applied I-140 around 6 months back and got approved in this month - April 2014. I applied in EB2 category.

[raghvi]

You should have planned to move to H1 at the earliest. Under EB2 you are looking at another 8 -10 Years of wait. As I said you cannot extend L1A beyond 7th year Stay completion irrespective of your I140 stage, only H1s are allowed to be extended.

Now, once you complete 7 Years physical stay in US you would have to leave US for at least 1 Year in order to be eligible for fresh H1 or L1.

This is my opinion not legal advice.

[bmaheshreddy]

You should have planned to move to H1 at the earliest. Under EB2 you are looking at another 8 -10 Years of wait. As I said you cannot extend L1A beyond 7th year Stay completion irrespective of your I140 stage, only H1s are allowed to be extended.

Now, once you complete 7 Years physical stay in US you would have to leave US for at least 1 Year in order to be eligible for fresh H1 or L1.

This is my opinion not legal advice.

Thanks for the clarification.