H-1B extension after 6 years stay in the US with L-1A status

[l1btol1a]

Hi, Seniors/Experts

Please suggest me on below scenario.

1. I have been working for Company A on L-1B from October 2007 to September 2012.
2. Did Change of Status from L-1B to H-1B on April 2012 for fiscal year 2013 through Company B and this H-1B valid till October 2013 but I did not join Company B.
3. Later Company A changed my status from L-1B to L-1A effective from October 2012 and this L-1A is valid till September 2014. And my wife is working on L2 EAD.

I have a plan to do EB-1C but I don’t know whether my Company A is qualified for EB-1C. Now If I want to start my GC Process with EB2 (Masters Degree + 5 Years US experience) using Company C who are ready to start my GC process in May 2013, I have the following questions.

Note: Company C (company started in Feb 2012 and it is so small company with 8 employees and they can show $800,000 Gross Income)

a. Can I start PERM with Company C?
b. If I get the PERM, will UCSIC approves my EB2 I-140 through Company C with their Gross Income?
c. In case, If I get PERM and I-140 before my L-1A expires then Can I extend my H-1B for 3 more years through Company C?
d. Can I extend my H-1B (assuming EB2 I-140 approved) even the H-1B expires when I will be on valid L-1A? The unused H-1B expires on October 2013.

Please give me few suggestions so that I can plan accordingly.

Thank you in Advance for your valuable suggestions.
Kiran

[raghvi]

Hi, Seniors/Experts

Please suggest me on below scenario.

1. I have been working for Company A on L-1B from October 2007 to September 2012.
2. Did Change of Status from L-1B to H-1B on April 2012 for fiscal year 2013 through Company B and this H-1B valid till October 2013 but I did not join Company B.
3. Later Company A changed my status from L-1B to L-1A effective from October 2012 and this L-1A is valid till September 2014. And my wife is working on L2 EAD.

I have a plan to do EB-1C but I don’t know whether my Company A is qualified for EB-1C. Now If I want to start my GC Process with EB2 (Masters Degree + 5 Years US experience) using Company C who are ready to start my GC process in May 2013, I have the following questions.

Note: Company C (company started in Feb 2012 and it is so small company with 8 employees and they can show $800,000 Gross Income)

a. Can I start PERM with Company C?
b. If I get the PERM, will UCSIC approves my EB2 I-140 through Company C with their Gross Income?
c. In case, If I get PERM and I-140 before my L-1A expires then Can I extend my H-1B for 3 more years through Company C?
d. Can I extend my H-1B (assuming EB2 I-140 approved) even the H-1B expires when I will be on valid L-1A? The unused H-1B expires on October 2013.

Please give me few suggestions so that I can plan accordingly.

Thank you in Advance for your valuable suggestions.
Kiran

I am assuming you would have filed the L1 to H1 as consular processing, because if it was filed as COS and you received a new I-94 you don't have a choice of not joining Employer B and should be working only with them unless you left US and returned on L1B before H1 became active.

This is my opinion not legal advice.

[l1btol1a]

I am assuming you would have filed the L1 to H1 as consular processing, because if it was filed as COS and you received a new I-94 you don't have a choice of not joining Employer B and should be working only with them unless you left US and returned on L1B before H1 became active.

This is my opinion not legal advice.

Raghvi, Thank you for your reply.

Before my H-1B active, my company A filed L-1A petition and approved. My L-1A's i-94 replaces H-1B's I-94.

Kiran

[l1btol1a]

Hi, Guys

Can somebody please help me?

Thank you