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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.

    Comment


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

      Comment


      • #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.

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

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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.

          Comment


          • #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.

            Comment


            • #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.

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

              Comment


              • #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.

                Comment


                • #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.

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

                  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.

                    Comment


                    • #11
                      Originally posted by scientist2016 View Post

                      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.
                      Gotcha, thanks for Clarifying.
                      - 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.

                      Comment


                      • #12
                        Originally posted by scientist2016 View Post

                        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.
                        Follow up question :
                        Which date to be considered when calculating 6 years? The date of filing H1B (March/April 1st) or the date when it is approved & you thinking to go for stamping/COS?
                        - 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.

                        Comment


                        • #13
                          Originally posted by Libra_14 View Post

                          Follow up question :
                          Which date to be considered when calculating 6 years? The date of filing H1B (March/April 1st) or the date when it is approved & you thinking to go for stamping/COS?
                          I hope I understood your question right. The 6 yrs. usually refers to the time you spent (or would have spent) in the US, by Oct 1st. So, let us say by Oct 1st you would have 2 months left, and you apply for H1 during April as-usual. If everything goes right you would be granted 2 months on H1 from Oct 1st to Dec 1st.
                          Just an opinion; Not legal advice.

                          Comment


                          • #14
                            Originally posted by scientist2016 View Post

                            I hope I understood your question right. The 6 yrs. usually refers to the time you spent (or would have spent) in the US, by Oct 1st. So, let us say by Oct 1st you would have 2 months left, and you apply for H1 during April as-usual. If everything goes right you would be granted 2 months on H1 from Oct 1st to Dec 1st.
                            Let me give you an example, if I am completing my 6 years in June 2021, Am I eligible to apply for H1B in Mar/Apr 2021 (less then 6 years) & get it approved by Oct 2021 (6 years & few months)?
                            - 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.

                            Comment


                            • #15
                              Originally posted by Libra_14 View Post

                              Let me give you an example, if I am completing my 6 years in June 2021, Am I eligible to apply for H1B in Mar/Apr 2021 (less then 6 years) & get it approved by Oct 2021 (6 years & few months)?
                              The eligibility is to be determined at the time of grant i.e., you should be eligible for a H1 which starts in Oct. So, in your example you can expect to get a RFE asking for proof that you do indeed qualify for a H1 come October. Say, you left the country in March, then you would be eligible for a H1 from Oct to Dec.
                              Just an opinion; Not legal advice.

                              Comment

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