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L1 to H1

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  • L1 to H1

    My Questions:

    a) I am in L1 blanket currently and i had my h1b which was not renewed after 2009. Shall i apply for fresh h1b or h1b renewal from a different employer.

    b) I came to US on June 2007 and was there till april 2009 in h1b and from June 2009 till date in L1 blanket. How many year will i get if i apply h1b?

    c) I have my family green card sponsored through my sister in 2010 and got I-130 approved. But i have to wait for 10 years for my visa number to apply for my 485. I would like to know is there any way to extend my visa as i am working here or should i apply for employer based GC to get my visa extended.

  • #2
    a) I am in L1 blanket currently and i had my h1b which was not renewed after 2009. Shall i apply for fresh h1b or h1b renewal from a different employer.
    >>> It doesn't matter. Even if you apply a fresh h1B, you will only get the remaining period (6 year - time spend in H1B - time spend in L1) in that H1B CAP. Fresh H1B will allow you to work only after Oct 1st. Using the CAP from the previous petition will let you request an immediate start date.

    b) I came to US on June 2007 and was there till april 2009 in h1b and from June 2009 till date in L1 blanket. How many year will i get if i apply h1b?
    >>> Read the above answer.

    c) I have my family green card sponsored through my sister in 2010 and got I-130 approved. But i have to wait for 10 years for my visa number to apply for my 485. I would like to know is there any way to extend my visa as i am working here or should i apply for employer based GC to get my visa extended.
    >>> Extension beyond the 6th year on H1B need the labor to be filed 365 days prior to the end of the 6th year on H1B or both labor and I-140 to be approved before the end of the 6th year.
    Not a legal advice. Use of this information is strictly at your own risk.

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