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L1A and I140 approved

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  • L1A and I140 approved

    Hi All,

    I have the following questions:-

    My labor is cleared and my I140 was filed 2 months back . I have around 2 years 2 months left on my L1A. I got H1B (Consular processing)also done by consultant in year 2012 and it got expired but since I only utilized 4 year 10 months on my L1 so now there is 1 years 2 months left on my H1B though it expired. Now I never was actively working on H1B so my question is :-



    1)Suppose if I spend another 2 years 2 months on L1A and by that time I would have never used H1B and my 6 years limit on H1B would have also exhausted....but once my I140 is cleared, can any employer use that H1B and I140 to file for further 3 years extension
    2)My employer is not willing to do EB1 for me.

  • #2
    Originally posted by Rany_Singh View Post
    Hi All,

    I have the following questions:-

    My labor is cleared and my I140 was filed 2 months back . I have around 2 years 2 months left on my L1A. I got H1B (Consular processing)also done by consultant in year 2012 and it got expired but since I only utilized 4 year 10 months on my L1 so now there is 1 years 2 months left on my H1B though it expired. Now I never was actively working on H1B so my question is :-



    1)Suppose if I spend another 2 years 2 months on L1A and by that time I would have never used H1B and my 6 years limit on H1B would have also exhausted....but once my I140 is cleared, can any employer use that H1B and I140 to file for further 3 years extension
    2)My employer is not willing to do EB1 for me.
    I 140 can be premium processed, why isn't your employer doing so? Once I140 is approved you can request for 3 Year H1 extension. How long back was labor filed?


    1. I don't think so if you exhaust the entire 6 Years term (L1+H1 or L1 itself 6 Years). If your labor has been filed for over a year back then if you want to be able to renew the H1 I suggest you ask employer to premium process H1 petition transfer(from B to A) as COS and once it is approved, you move to H1. The only concern could be your spouse, if working on L2, cannot work on H4.
    2. Well there is hardly anything you can do if they are not willing.

    This is my opinion not legal advice.

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    • #3
      L1A and I140 approved

      L1A-I am currently on L1A which is valid until Feb 2017 and is working for employer A
      H1B-I got it filed through employer B and is small consultancy firm which got expired last year(sep 2013). I never used it.It has not been revoked by employer B.

      I have currently completed 4 years 10 months on my L1A . Now my employer A filed for labor in Jan 2013 which got cleared and now employer A has filed for I140 in regular processing.

      Now my question is suppose if I work until Feb 2017 on L1A (i.e exhausted 7 years) and if my I140 is cleared then will I be able to use my H1B(from employer b) in 2017 and approved I140 (from employer A)to get 3 years extension on H1B by any employer(employer C, d, e etc)

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