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Can L1A who has applied for GC, stay in US even after visa expiration

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  • Can L1A who has applied for GC, stay in US even after visa expiration

    Hi all,
    I was told that, even though the visa validty of an H1 holder's visa is expired. he/she can stay in US, as the H1 VISA gets extended (may be by automatically) every 6 months or 1 year once his/her 140 is approved (Green card).
    Does this apply for L1A visa holder aswell.

    Scenario:-

    L1 A visa is getting expired on 2014 Dec, thus completes 7 years of total L1a visa validty.
    Current company has applied for GC and the current status of the GC is 140 approved. Can I stay in US even after 2014 Dec,as my 140 approved.

  • #2
    Originally posted by ssathya72 View Post
    Hi all,
    I was told that, even though the visa validty of an H1 holder's visa is expired. he/she can stay in US, as the H1 VISA gets extended (may be by automatically) every 6 months or 1 year once his/her 140 is approved (Green card).
    Does this apply for L1A visa holder aswell.

    Scenario:-

    L1 A visa is getting expired on 2014 Dec, thus completes 7 years of total L1a visa validty.
    Current company has applied for GC and the current status of the GC is 140 approved. Can I stay in US even after 2014 Dec,as my 140 approved.
    Is it EB1/EB2/EB3? If EB1, I believe priority dates are current and you can apply I485 and get EAD and continue to stay.

    If EB2/EB3 then am afraid you would have to leave US and return on L1 OR next year H1 after 1 Year stay outside US .

    This is my opinion not legal advice.

    Comment


    • #3
      Thank you Raghvi. Appreciate your response.

      Comment

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