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6 Year completion H1B - Struggling with options ( L1A and GC)

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  • 6 Year completion H1B - Struggling with options ( L1A and GC)

    Hi Experts,

    I came to USA during the year 2007 with L1-B visa and later by 2010 I switched to H1-B (while I am in India - with 11 months gap). There are lot of IN and OUT between USA and INDIA but there is no 12 months gap in any of the year - till now.

    Total duration of stay is 5 year 11 months ( till date). Right now I applied for L1-A visa which is in RFE status and also my employer willing to apply for GC - my problem is even my employer apply for GC - due to short of time I couldn't able to clear level 1 of GC ( PERM in case of EB2) or I-140 for EB1 category. My last day of stay in USA will be FEB 6th 2016 ( as per max out calculation).

    1. Please help me if my employer file EB1 does it help?
    2. My L1-A application provide me a legal status to stay until it get approved or denied?
    3. I am ready to go back to India but I need to start the GC processing before I go- help me
    what I need to do before I start from US.

    NOTE: I have H1-B Visa and I-94 valid till June-24-2017 but I understand this doesn't mean I can stay beyond 6 year period. All my concern is - this overstay shouldn't be a problem in GC processing.

    Thanks
    Raj

  • #2
    1. Please help me if my employer file EB1 does it help?
    >>> EB1 will always help. But do you qualify for that? Getting EB1 approval is very tough.

    2. My L1-A application provide me a legal status to stay until it get approved or denied?
    >>> Yes. But if the application gets denied, then all the time that you spent in U.S post your I-94 expiry date will be treated as illegal stay.

    3. I am ready to go back to India but I need to start the GC processing before I go- help me
    what I need to do before I start from US.
    >>> GC is for future employment. If you are in L1A, then GC process won't help in getting further extensions beyond the allowed 7th year. You have to take a break for 1 year after that. If you are in H1B and if you have few months left in your H1B, then upon approval of I-140, you can reclaim the remaining period in H1B and return back and then file the 7th year extension based on the approved I-140. But his won't work if you finish off your time in L1 status.

    NOTE: I have H1-B Visa and I-94 valid till June-24-2017 but I understand this doesn't mean I can stay beyond 6 year period. All my concern is - this overstay shouldn't be a problem in GC processing.
    >>> If your L1A gets denied, then it will be a problem. That means, you have overstayed beyond 6 years on H1B. It is better you upgrade your case to premium and get the result soon or leave the country and wait for the approval outside U.S.
    Not a legal advice. Use of this information is strictly at your own risk.

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