L1B Expired and relocated back to India. Looking for options

[vijay_r_leo]

Hi,

I was in US on L1B for about 4+ yrs between Jun-2006 till May-2010. I had to relocate back to India during May-2010 since my assignment didn't get extended. My L1B got expired during May-2011 and now all I have got is B1 valid till 2015.

 

My son is a US citizen 3.6 yrs old and want to get back to US before he starts his regular school. Looking for any kind of options available for me to relocate back to US.

 

Any pointers would be highly appreciated.

 

Thanks ...

Regards

Vijay

[jairichi]

Hi,

I was in US on L1B for about 4+ yrs between Jun-2006 till May-2010. I had to relocate back to India during May-2010 since my assignment didn't get extended. My L1B got expired during May-2011 and now all I have got is B1 valid till 2015.

 

My son is a US citizen 3.6 yrs old and want to get back to US before he starts his regular school. Looking for any kind of options available for me to relocate back to US.

 

Any pointers would be highly appreciated.

 

Thanks ...

Regards

Vijay

You need to find an employer willing to offer you a job and sponsor your work visa and upon approval enter US.

[jairichi]

Hi,

I was in US on L1B for about 4+ yrs between Jun-2006 till May-2010. I had to relocate back to India during May-2010 since my assignment didn't get extended. My L1B got expired during May-2011 and now all I have got is B1 valid till 2015.

 

My son is a US citizen 3.6 yrs old and want to get back to US before he starts his regular school. Looking for any kind of options available for me to relocate back to US.

 

Any pointers would be highly appreciated.

 

Thanks ...

Regards

Vijay

You need to find an employer willing to offer you a job and sponsor your work visa and upon approval enter US.

[vijay_r_leo]

Hi,

 

I am glad to announce that I was able to find my way back to US on a permanent basis that too with the same employer :) I relocated back to US on L1B during Jan-2014 on US payroll with permanent transfer. 

 

Now they have initiated my PERM application since Jun-2014 (still they are in wage determination phase from DoL). The problem now is that my employer has a policy of converting my L1B to H1B only before 6 months when my L1B is due for renewal which would be Apr-2016. As of now L1B is valid for 3 yrs (Till Oct-2016). I have got totally 13+ yrs of IT industry experience and I presume they will be processing my GC on EB2 category. Also I am with this employer since last 12+ yrs.

 

Now here are my queries to the forum :

 

1. Under EB2 are there chances of getting GC done before these 5 yrs of L1B expiry ?

 

2. I will be left out only with 2 chances for getting selected under H1B lottery if I wait to apply till Apr-2016. Am I at risk if I don't try to apply for H1B from now itself through external consultants or other employers ? Or is it not required ?

 

3. My manager is supportive but still the company policies are not allowing them to start my H1B starting this year itself, so with this what are my options to be on safer side ?

 

Certainly I don't want to repeat the same mistake I commited during my last tenure of L1B over here which made me to relocate back to India and it took hard 4+ long yrs to get back here again. I want to utilize this oppurtunity in a best possible way to stay back here and work towards my permanant residency.

 

 

Appreciate all your guidance and help.

 

Thanks ...

 

Regards

Vijay 

[rahul412]

 

1. Under EB2 are there chances of getting GC done before these 5 yrs of L1B expiry ?

 

2. I will be left out only with 2 chances for getting selected under H1B lottery if I wait to apply till Apr-2016. Am I at risk if I don't try to apply for H1B from now itself through external consultants or other employers ? Or is it not required ?

 

3. My manager is supportive but still the company policies are not allowing them to start my H1B starting this year itself, so with this what are my options to be on safer side ?

1. God knows.

2. Once your I140 is approved, you will be eligible for ext beyond 6 yrs

[jairichi]

 

1. Under EB2 are there chances of getting GC done before these 5 yrs of L1B expiry ?

 

2. I will be left out only with 2 chances for getting selected under H1B lottery if I wait to apply till Apr-2016. Am I at risk if I don't try to apply for H1B from now itself through external consultants or other employers ? Or is it not required ?

 

3. My manager is supportive but still the company policies are not allowing them to start my H1B starting this year itself, so with this what are my options to be on safer side ?

 

Certainly I don't want to repeat the same mistake I commited during my last tenure of L1B over here which made me to relocate back to India and it took hard 4+ long yrs to get back here again. I want to utilize this oppurtunity in a best possible way to stay back here and work towards my permanant residency.

 

 

Appreciate all your guidance and help.

 

Thanks ...

 

Regards

Vijay 

 

1. Cannot predict that.

2. My guess is that it will be a lottery every time. So try every year.

3. Only if your H1B and I140 are approved you are eligible for extensions.

[jairichi]

1. God knows.

2. Once your I140 is approved, you will be eligible for ext beyond 6 yrs

2. Only if you have an approved H1B you are eligible for extensions based on approved I-140.

[vijay_r_leo]

Hi,

 

Thanks for all your responses.

 

So if I don't get my GC approved with these 5 yrs of my L1B visa and if I can't secure H1B visa within this time frame I will not have any options to stay back in US and continue to work ?

 

Coz as I informed earlier I will get only 2 chances for my H1B application starting Apr-2017. So trying to find out the available options so that at least I can be cautious this time and avoid leaving the country.

 

Also,

1. Can they continue my GC process even when I am out of the country working for the same team elsewhere ?

2. Can they continue applying for my H1B till I get my GC approved ? Or again they need to get me here only by applying for a fresh L1B after 1 year gap ?

 

Any pointers would be highly appreciated.

 

 

Thanks ...

 

Regards
Vijay

[jairichi]

1. Yes.

2. Yes, employer can file for H1B and after a year outside US they can apply L1 also.

[rahul412]

1. Can they continue my GC process even when I am out of the country working for the same team elsewhere ?

2. Can they continue applying for my H1B till I get my GC approved ? Or again they need to get me here only by applying for a fresh L1B after 1 year gap ?

1. Yes they can

2. Yes they can apply your H1 till you get your GC.