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

[us-im-1]

Hello all, I am in similar situation..

I have been in US on L1a since last 5.5 yrs. I will be completing 6 yrs in Sep 2020 and 7 yrs in Sep 2021. My L1A extension (2nd) approved till Sep 2021. I also have approved I-140 (EB1, approved in Oct 2019). I am proceeding with H1b application (selected in lottery in FY21) in order to ensure continuity in US.

I have few questions:

1. Based on my approved I-140 from L-1A visa, can I still obtain H-1b approval for 2-3 years term? Is there a USCIS rule for or against this?

2. My main fear is that if my H-1b gets approved for a very short duration (e.g. 1 month or few weeks) because that’s the time left for me to complete 6 yrs in US, then I would have to exit the country and lose the last (7th) year of my L1A visa petition. Is there even a slim chance of happening this?

3. I would also like to know my options in case H1b gets approved for a short duration. Can I file another COS (back to L1A) to allow myself staying in US for 7th year?

[Libra_14]

Hello all, I am in similar situation..

I have been in US on L1a since last 5.5 yrs. I will be completing 6 yrs in Sep 2020 and 7 yrs in Sep 2021. My L1A extension (2nd) approved till Sep 2021. I also have approved I-140 (EB1, approved in Oct 2019). I am proceeding with H1b application (selected in lottery in FY21) in order to ensure continuity in US.

I have few questions:

1. Based on my approved I-140 from L-1A visa, can I still obtain H-1b approval for 2-3 years term? Is there a USCIS rule for or against this?

2. My main fear is that if my H-1b gets approved for a very short duration (e.g. 1 month or few weeks) because that’s the time left for me to complete 6 yrs in US, then I would have to exit the country and lose the last (7th) year of my L1A visa petition. Is there even a slim chance of happening this?

3. I would also like to know my options in case H1b gets approved for a short duration. Can I file another COS (back to L1A) to allow myself staying in US for 7th year?

Based on what scientist2016 mentioned, even if you get your H1 approved for a short duration, you should stay on H1 & file for H1 extension based on your approved I140 (H1 extensions are unlimited, after approved I140). I would not suggest to move back to L1 after H1 approval.

[scientist2016]

Based on what scientist2016 mentioned, even if you get your H1 approved for a short duration, you should stay on H1 & file for H1 extension based on your approved I140 (H1 extensions are unlimited, after approved I140). I would not suggest to move back to L1 after H1 approval.

I agree with Libra_14.