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Dear Team - First of all thanks for running this site and moderating promptly for so many years. I have immensely benefited from the posts!
I am an Indian citizen and had to create this post due to the uniqueness of my current situation which I could not find here.
Current Status : L1A (Max out In Sep 2020). Last renewal to be filed soon as the current expiry is early May 2020.
GC Status : EB1 filed in Dec 2017 and I140 approved. Waiting for AOS/485 as dates for India hasn’t been current ever since.
2020 Development and Clarification : My employer appointed attorneys recommended a H1B to be filed in the 2021 Cap as a back up to avoid the L1 Max out next year. So it was filed and I have luckily been picked in the lottery.
However even with an approved I140 which is 365 days old before the 6 year completion (Sep 21 2020); the attorneys are suggesting that recently this has been up for interpretation and USCIS has been granting H1 only for the total period of 6 years. In my case I would have maxed it out even on Oct 1st. So the suggestion is to leave the country in June (Hopefully by that time the COVID crisis settles down) and stay out until petition gets approved. Since I will be out will gain the additional recapture of ~4 months if the approval comes by 10/1. Then get the visa stamped as consular and once I return they plan to immediately file an extension using H1B status + I140 approved. By leaving country in June before they file, the expectation is I will get the first approval till Feb 2021 at least.
my question really is has this scenario of issuing first H1 only for up to 6 years even for I140 approved 365 days prior been happening for L1A holders and would your guidance be same for me to leave the country to get any validity on H1? Kindly advise.
I am an Indian citizen and had to create this post due to the uniqueness of my current situation which I could not find here.
Current Status : L1A (Max out In Sep 2020). Last renewal to be filed soon as the current expiry is early May 2020.
GC Status : EB1 filed in Dec 2017 and I140 approved. Waiting for AOS/485 as dates for India hasn’t been current ever since.
2020 Development and Clarification : My employer appointed attorneys recommended a H1B to be filed in the 2021 Cap as a back up to avoid the L1 Max out next year. So it was filed and I have luckily been picked in the lottery.
However even with an approved I140 which is 365 days old before the 6 year completion (Sep 21 2020); the attorneys are suggesting that recently this has been up for interpretation and USCIS has been granting H1 only for the total period of 6 years. In my case I would have maxed it out even on Oct 1st. So the suggestion is to leave the country in June (Hopefully by that time the COVID crisis settles down) and stay out until petition gets approved. Since I will be out will gain the additional recapture of ~4 months if the approval comes by 10/1. Then get the visa stamped as consular and once I return they plan to immediately file an extension using H1B status + I140 approved. By leaving country in June before they file, the expectation is I will get the first approval till Feb 2021 at least.
my question really is has this scenario of issuing first H1 only for up to 6 years even for I140 approved 365 days prior been happening for L1A holders and would your guidance be same for me to leave the country to get any validity on H1? Kindly advise.
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