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"L1 A is expiring- Green Card application is filed- Priority date is not current".

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  • "L1 A is expiring- Green Card application is filed- Priority date is not current".

    My company currently is filing my Green card application in 1 month, I am in my final L1A extension ( i have only 12 months left for max out). The priority dates for EB1 category according to the bulletin is 2015. My company immigration team told that i cannot get the adjustment of status (I-485) filed as the priority dates are not current. What should i do to retain my status in the U.S? Is there any way i can continue to stay without leaving the country for a year?

  • #2
    AFAIK you can try HB-1 visas, the extensions are unlimited.

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    • #3
      I tried that option, the attorney said since i passed 6 years, they cannot file for H1B. Thanks for the suggestion.

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      • #4
        Once your I140 is approved, then you can file for your H1B, even after 6 years of your stay in USA.
        - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

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        • #5
          You can check with your attorneys if you can file for extension using recapturing technique for the time that you were out of USA if you happen to be out of USA for some good amount of time over the last 7 years.

          - This is not intended to be a Legal Advice. Purely a personal opinion with an intention to support others.

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          • #6
            Originally posted by Libra_14 View Post
            Once your I140 is approved, then you can file for your H1B, even after 6 years of your stay in USA.
            AFAIK you are only eligible for unlimited extensions of a valid H1. This is the reason many people leave the country with some H1 time left if their I140 hasn't been approved yet. But if you have used up all your eligibility (viz., 6 yrs. of stay in the US) you are ineligible for a new H1, and hence the whole question of unlimited extensions is moot. That is what the OP's attorneys told him too.
            Just an opinion; Not legal advice.

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            • #7
              Originally posted by scientist2016 View Post

              AFAIK you are only eligible for unlimited extensions of a valid H1. This is the reason many people leave the country with some H1 time left if their I140 hasn't been approved yet. But if you have used up all your eligibility (viz., 6 yrs. of stay in the US) you are ineligible for a new H1, and hence the whole question of unlimited extensions is moot. That is what the OP's attorneys told him too.
              But after I140 approval, you can get H1 right?
              - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

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              • #8
                Originally posted by Libra_14 View Post

                But after I140 approval, you can get H1 right?
                What I was trying to say was: If you have a H1, you can file for unlimited extensions based on an approved I140. If not, you will not get a H1 based on an approved I140. You can always file a H1, but your petition will be treated just like any other i.e., approved I140 does not confer any special status, you will have to go through the lottery. Also, if you were on an L1A and used up >=6 yrs., then you will not be eligible for H1 (see the no special status statement above).
                Just an opinion; Not legal advice.

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                • #9
                  Originally posted by scientist2016 View Post
                  Also, if you were on an L1A and used up >=6 yrs., then you will not be eligible for H1
                  Thanks Scientist, followup question - with an approved I140 & after completing 6 years on L1A, you can still file for a "new" H1B, go through lottery & get H1 ? right ?
                  - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

                  Comment


                  • #10
                    Originally posted by Libra_14 View Post

                    Thanks Scientist, followup question - with an approved I140 & after completing 6 years on L1A, you can still file for a "new" H1B, go through lottery & get H1 ? right ?
                    Nope, since you would no longer be eligible for H1 (unless you take the required 1 yr. break). Having an approved I140 is only helpful for extension not for a fresh petition. If not, most of the employers would have filed for I140 (since it is for future employment) and then got a H1 rather than go through the lottery right? The OP mentioned the same thing as his attorney's answer too.
                    Just an opinion; Not legal advice.

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