5 years on H1B - Approved I-140 - Now applying for L1

[garyshah]

Hi,

I have completed my 5 years on H1B and then I end up with 221g recently and my H1B petition sent back to USCIS for revocation. I do have I-140 approved and which is not revoked yet. Can I apply for 3 years L1 based on my approved I-140 or I will only get only 1 year on L1 as I already spent 5 years on H1B.Thanks in advance

[shervin143]

As per my knowledge, there is no mechanism to extend the L1-B beyond 5 years, even with an approved I-140 or a pending I-485. That is only available to H1B. L1 + H1B in total is for 5 years. Since you have already spend 5 years on H1b, you do not qualify for L1B now (You will need to spend one year outside U.S to file a fresh L1B application).