How to ensure that I dont have to leave US - Labor filing in H1's 6th year

[arugau]

Hello,

 

My H1B is expiring in April 2017 (no extension possible) and my company will be filing for my labor by mid of of 2016.

 

Although the best case scenario will be that my labor gets approved early next year, but if it doesn't happen and I don't want to go back to my home country, please let me know what all possible actions can I take

 

- Can I get my H1 converted to L1A after my labor has been filed so that I can stay in US till April 2018 and then after labor is approved I go back to H1 and get it extended.

- Any other option that I can employ??

[JoeF]

For an L1, you have to have worked for the company abroad for at least a year in the last 3 years.

Since you apparently worked on H1 in the US for nearly 6 years, changing to an L1 is obviously not possible.

You would have to leave the country if you can't get the H1 extended.

[rohang]

with L1* visa you cannot work for a client.

[arugau]

ok..so let's say if I leave and when I'm out of USA , my perm and I-140 is approved ...can I get my visa extended? and will I have to go for visa stampting?

[JoeF]

H1 petition and H1 visa are two different things.

The employer could file an H1 extension petition based on the approved I-140.

Since your H1 visa would have been expired, you of course would need a new visa to enter the US.

[rara5]

Yes, if the labor and I-140 get approved, or if your labor is pending for more than 365 days - If  you are out of the country for either scenario - your employer can file for a H1-B extension ( 3-years former, 1 -year for latter) and once approved, you can go to the consulate for the new visa.

 

So, if your PERM application goes in by June 2016 and in the event of an audit is held up - You can apply for the one year H1-B extension in June 2017. You will have to leave the country in April 2017, so maybe a 2-3 month gap in employment in a worst case scenario.