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L1-A Visa To Move Back to OLD H1-B visa
I came to USA first time in L1-B visa in sept-2010 I got L1-B visa extension during stay in USA in year 2015 once my current L1-B visa about to expire on 30-sept-2015 Before expire of my L1-B visa my employer did L1-A visa stamping through canda and it got stamp in my passport till 02-OCT-2017 and I return back to usa from canda same year 2015 my employer filled H1-B visa as well with change of status my H1-B lottery picked up and its approved so from I-1oct-2015 my status changed from L1-A via to H1-B visa And I got approved H1-B I-797 till 30-sept-2016.
I went to India for vacation in may-2016 during that time H1-B visa and H4 visa stamping is done and we came to USA with stamp H1-B visa and my dependent H4 visa.
Currently I am in H1-B visa in USA with extended I-94 till 02-Nov-2016 this is my current H1-B max out( after recapture holiday)
My Current H1-B max out and I-94 is expiring on 02-Nov-2016 .My Green Card processing status is that my Green card perm labor was initiate before my 6th year u.s stay its approved in Eb2 category and first I-140 is denied by USCIS. Employer team have refilled my I-140 after first I-140 denial in premium mode on 19 October 2016. Since the I-140 refilling decision is pending from USCIS and employer is waiting for I-140 final decision to file my 7th year H1-B ext, most probably I-140 decision will be coming after my current H1-B max out date(02-Nov-2016). So I have to leave USA before H1-B max out date (2 Nov 2016) .
I have L1-A stamped visa till 2 October 2017, in my old cancelled Indian passport but my dependent (spouse and son) don’t have L2 stamped visa in their passport. I wanted to come back to usa after L2 stamp visa stamping based on my current L1-A stamp visa in my passport.
I have Few question for my situation:-
1-My employer saying they have to wait for refiling I-140 result if its approved then only they will able to file 7th year H1-B extension I am requesting to my employer based on perm labor approval ( since it was initiated before 365 days) and I-140 acknowledgment I wanted to know
Whether my employer can file H1-B extension based on perm labor approval and I-140 decision pending?
2-Whether I will able to come back on L1-A visa after my dependent L2 visa stamping in india since my old cancelled indian passport still have stamp L1-A visa till 02-oct-2017 .
3-Since my current Green EB2 card I-140 refiling result is pending to USCIS as of today it may be this will approved or Reject from USCIS if I-140 result is positive and it will approved from USCIS in that case whether my employer can file 8th year old H1-B extension before L1-A max out(02-oct-2017) with Change of status from L1-A to move back to old H1-B status or not ? (Based on approved perm and I-140 approval) .
4-Which option will be good for me ither come back to L1-A now and switch back to old H1-B visa again if green card perm and I-140 get approved or go to Indian don’t try back to come on L1-A visa if I-140 approved then file 7th year H1-B extension wait for H1-B approval in india and get H1-B stamping in indian after H1-B extension approval and then come back to USA .
I went to India for vacation in may-2016 during that time H1-B visa and H4 visa stamping is done and we came to USA with stamp H1-B visa and my dependent H4 visa.
Currently I am in H1-B visa in USA with extended I-94 till 02-Nov-2016 this is my current H1-B max out( after recapture holiday)
My Current H1-B max out and I-94 is expiring on 02-Nov-2016 .My Green Card processing status is that my Green card perm labor was initiate before my 6th year u.s stay its approved in Eb2 category and first I-140 is denied by USCIS. Employer team have refilled my I-140 after first I-140 denial in premium mode on 19 October 2016. Since the I-140 refilling decision is pending from USCIS and employer is waiting for I-140 final decision to file my 7th year H1-B ext, most probably I-140 decision will be coming after my current H1-B max out date(02-Nov-2016). So I have to leave USA before H1-B max out date (2 Nov 2016) .
I have L1-A stamped visa till 2 October 2017, in my old cancelled Indian passport but my dependent (spouse and son) don’t have L2 stamped visa in their passport. I wanted to come back to usa after L2 stamp visa stamping based on my current L1-A stamp visa in my passport.
I have Few question for my situation:-
1-My employer saying they have to wait for refiling I-140 result if its approved then only they will able to file 7th year H1-B extension I am requesting to my employer based on perm labor approval ( since it was initiated before 365 days) and I-140 acknowledgment I wanted to know
Whether my employer can file H1-B extension based on perm labor approval and I-140 decision pending?
2-Whether I will able to come back on L1-A visa after my dependent L2 visa stamping in india since my old cancelled indian passport still have stamp L1-A visa till 02-oct-2017 .
3-Since my current Green EB2 card I-140 refiling result is pending to USCIS as of today it may be this will approved or Reject from USCIS if I-140 result is positive and it will approved from USCIS in that case whether my employer can file 8th year old H1-B extension before L1-A max out(02-oct-2017) with Change of status from L1-A to move back to old H1-B status or not ? (Based on approved perm and I-140 approval) .
4-Which option will be good for me ither come back to L1-A now and switch back to old H1-B visa again if green card perm and I-140 get approved or go to Indian don’t try back to come on L1-A visa if I-140 approved then file 7th year H1-B extension wait for H1-B approval in india and get H1-B stamping in indian after H1-B extension approval and then come back to USA .
