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L1B Visa expiring in June 2022, PERM is still pending, can I stay?

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  • L1B Visa expiring in June 2022, PERM is still pending, can I stay?

    Hi, I have used up all my 5 years as an L1B visa. My company started GC application for me (I knew it's too late). I have not lodged my PERM yet but my biggest worry is by the time my L1B visa expired, my PERM is still pending in DOL.

    Is there any chance I can stay in the US legally after my visa expire? I read about 245k but I'm not sure if this is applicable, it also sounds risky to me. I asked my lawyer through email but she's not so responsive.

    Appreciate your responses.

  • #2
    I am not very sure about 245K, but you cannot stay in USA after 5 years on L1B. Only option is for you to switch to H1B before the L1B petition expiry.

    An pending PERM or I140 does not give you any status to stay in USA, you'll need to file I485 before your L1B expiry - which doesn't seems possible right now.
    - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

    If my opinion helping you, then please do click "like" button below.

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    • #3
      Switching to L1A also gives you another couple of years if that’s an option? I arrived in L1B and extended into L1A while waiting for GC

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