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  • L1 to H1 B Conversion

    Hi!

    I am on L1B visa valid till June 2015. I-94 is valid till July 2016. I want to apply for H1B in 2016. By July 2016, I will be completing about 3 years on L1B. I did not stay in US continuously on this L1 B; on and off coming for few months and going out. My current employer is willing to apply for L1 B extension prior to July 2016.

    If I get L1B extension, I assume only I-94 will get extended. If I also get my H1B, how do I get my H1B visa stamped? Or the same extended I-94 is valid for H1B also?

    Since I completed only 3 years with L1B, will I get 3 more years on H1B?

    I am about 20 years experienced in IT. I hope I should be able to get L1B extension without any issues with this high experience. Do you agree?

  • #2
    If I get L1B extension, I assume only I-94 will get extended. If I also get my H1B, how do I get my H1B visa stamped? Or the same extended I-94 is valid for H1B also?
    >>> Visa is only an entry document to U.S. You need a valid visa only when you are outside U.S and want to enter U.S in a specific status (L1 visa to enter in L1 status and H1B visa to enter in H1B status). The employer can file a COS from L1 to H1B and when that gets approved, the approval will come with a new I-94 attached to it.

    Since I completed only 3 years with L1B, will I get 3 more years on H1B?
    >>> Yes. H1B + L1 = 6 years. Yu can recapture anytime that you have spent outside U.S in that 6 year period by filing further petitions for extension.

    I am about 20 years experienced in IT. I hope I should be able to get L1B extension without any issues with this high experience. Do you agree?
    >>> Possible. Hard to say because USCIS takes a lots of factor into consideration while approving petitions.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      L1 to H1 B Conversion

      Thanks for quick reply. 2 more questions.

      - I requested my current employer to process GC for me. As mentioned below, I am on L1B now. Considering I am allowed 5 years on L1B and completed about 2 and 1/2 years till now, and I am eligible to apply in EB2, what is latest date my employer should start the GC processing.

      - After I convert to H1B in 2016, what is the latest date my new employer should start the GC processing.

      Comment


      • #4
        If you remain in L1, you cannot stay beyond 5 year in U.S even if your GC is under progress. If you have an approved I-140 (will take about 1.5 years to get there) and if you are in H1B status, then extension beyond the 6th year is possible. To extend the stay beyond 6 year in H1B status, your PERM (1st stage of GC) should be filed 365 days prior to the end of the 6th year in H1B.

        Originally posted by Immhelp1 View Post
        Thanks for quick reply. 2 more questions.

        - I requested my current employer to process GC for me. As mentioned below, I am on L1B now. Considering I am allowed 5 years on L1B and completed about 2 and 1/2 years till now, and I am eligible to apply in EB2, what is latest date my employer should start the GC processing.

        - After I convert to H1B in 2016, what is the latest date my new employer should start the GC processing.
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Thanks for the response.

          So, Looks like converting to H1 status is critical if I am want GC. If I get H1 by Oct 2016, I will be having another 2 and 1/2 years left out. Is that time period sufficient to get to PERM stage?

          Since I am having about 20 Years of experience, I hope I am eligible for EB2 category. Am I right?

          If I apply in EB2, is PERM needed? If needed, is PERM stage quicker in EB2?

          Generally, how many years it will take to get GC in EB2?

          Comment


          • #6
            So, Looks like converting to H1 status is critical if I am want GC. If I get H1 by Oct 2016, I will be having another 2 and 1/2 years left out. Is that time period sufficient to get to PERM stage?
            >>> Yes.

            Since I am having about 20 Years of experience, I hope I am eligible for EB2 category. Am I right?
            >>> Just because you have 20 years of experience it doesn't mean that you plainly qualify for EB2. Your job should decide that. If your job requires a skilled person 5 or more years of experience, then you qualify. What I mean to say is, if your job requirement is only for 4 years and if you get hired even though you have 20 years, you still do not qualify for EB2. If your job requires a senior person,then you qualify.

            If I apply in EB2, is PERM needed? If needed, is PERM stage quicker in EB2?
            >>> PERM is needed. Only EB1 doesn't need PERM. Time frame for PERM is always the same.

            Generally, how many years it will take to get GC in EB2?
            >>> Unless there are immigration reforms, it can take anywhere between 6 to 10 years.
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment

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