L1A with EB2 and previous expired H1 Extension Past L1A


DevK80

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Hi,

I had a H1B from 2005 and completed my six years ( 2 months maybe left in the same)  in  2012.  I went back to India in 2012 and had been staying in India till 2015. In 2015 I came back on L1A blanket visa valid for 3 years. My I-94 is valid till 2019 because of a vacation trip back to India last year.  My employer has mentioned that they will be filing my GC in EB2 category.  Question that I have is can I use my earlier H1 petition to file for 3 year extension assuming that my PERM and I-40 is approved.  My H1 was also with the same employer. Can this be done after my current I-94 of 2019 is expired. 

Thanks

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