L1 visa quary

[info2012]

Dear friends,

My L1 visa is getting expired in March 2013 and as all of you know that extension is very tough to approve. Can you please give me some suggestion to successful filing and one more thing I want to know, if my application is getting rejected then can I apply for H1 in the same year?

[raghvi]

Dear friends,

My L1 visa is getting expired in March 2013 and as all of you know that extension is very tough to approve. Can you please give me some suggestion to successful filing and one more thing I want to know, if my application is getting rejected then can I apply for H1 in the same year?

If you are filing fresh H1 in 2013 then the H1 start date can only be 01-Oct-2013 or later. Assuming your L1 visa and I-94 are expiring in March 2013 the only way you can continue to stay in US beyond March 2013 is if you get a successful L1 extension. You will have to carefully see the timings of the extension filing. some of the options:

1. File L1 extension in Dec 2013, assuming processing and RFE goes till Feb 2013, upgrade to premium in Feb 2013 so as so get result before 01-April-2013. If in positive and need to move to H1, apply for COS to H1 using fresh H1 petition starting from 01-Oct-2013. If L1 extension denied, leave US, apply for H1 in April 2013, and return with h1 stamping in Oct-2013.

2. File L1 extension in premium in Feb-2013, so as so get result before 01-April-2013. If in positive, and need to move to H1 apply for COS to H1 on 01-April-2013 on fresh H1 petition starting from 01-Oct-2013. If L1 extension denied, leave US, apply for H1 in April 2013, , and return with H1 stamping in Oct-2013.

3. Least preferred option, to apply for L1 extension in March 2013 under normal processing, assuming processing and RFE delays takes your L1 extension decision till July-August 2013, if L1 extension is eventually approved you are good to stay in US, but if denied the H1 quota may already be over for 2013 by that time (no one can predict currently when H1 quota gets over) you will have to leave US without any chance of returning till Oct-2014.

You will have to discuss with the employer regarding the options as first two options might involve premium processing and that has additional costs associated.

This is my opinion not legal advice.

[info2012]

L1 to Green card

Thanks for your reply.
Can you please let me know, if I'm filing for Green card then I've to be in H1 or L1 visa holder can also apply for green card?

[raghvi]

Thanks for your reply.
Can you please let me know, if I'm filing for Green card then I've to be in H1 or L1 visa holder can also apply for green card?

Green card is for future employment, anyone can file for it. On L1 your current employer has to initiate it.

This is my opinion not legal advice.