H1B conversion to L1A - 6th Year


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I am on a H1B visa which expires on 22-Dec-2017 and an extension will only allow it to be extended until 20-Jan-2018 to reach full maxout. My employer was supposed to file for my EB1 application by March 2017 which had been delayed due to change in company's Immigration policy and business strategy in line to higher scrutiny from USCIS and Federal Dept. on labor, employment and Immigration. While EB1 was an option for me to continue with my business/customer-facing role and continue on my US stay, I am also checking with employer on the process of EB2 with a temporary relocation outside US and a location agreed with customer, I am looking for some inputs on Immigration front to further discuss with my employer on the next steps -

1) how much time would it typically require for the PERM and I-140 stages so I can plan to re-enter US with a temporary stay outside US after Dec 2017?

2) Can my H1B(4 month left) be explored for L1A conversion which I believe can give me additional 1 year in 2018 to work through the GC process in parallel? While my current role(International Manager) originally picked through EB1 should have a default eligibility for L1A, someone was telling me my H1B should be valid for min 6-9 months to even commence on the path of H1B-L1A conversion.

3) If I move back to India by Dec 2017, will I be eligible for fresh L1A  and re-enter US and does it have any restriction on clock reset of 365 days stay outside US?

I am just  looking at multiple options to be discussed with employer, so any valued inputs would be appreciated.

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On 9/3/2017 at 11:29 AM, Shreyabrata Dash said:

I am on a H1B visa which expires on 22-Dec-2017 and an extension will only allow it to be extended until 20-Jan-2018 to reach full maxout. My employer was supposed to file for my EB1 application by March 2017 which had been delayed due to change in company's Immigration policy and business strategy in line to higher scrutiny from USCIS and Federal Dept. on labor, employment and Immigration. While EB1 was an option for me to continue with my business/customer-facing role and continue on my US stay, I am also checking with employer on the process of EB2 with a temporary relocation outside US and a location agreed with customer, I am looking for some inputs on Immigration front to further discuss with my employer on the next steps -

1) how much time would it typically require for the PERM and I-140 stages so I can plan to re-enter US with a temporary stay outside US after Dec 2017?

2) Can my H1B(4 month left) be explored for L1A conversion which I believe can give me additional 1 year in 2018 to work through the GC process in parallel? While my current role(International Manager) originally picked through EB1 should have a default eligibility for L1A, someone was telling me my H1B should be valid for min 6-9 months to even commence on the path of H1B-L1A conversion.

3) If I move back to India by Dec 2017, will I be eligible for fresh L1A  and re-enter US and does it have any restriction on clock reset of 365 days stay outside US?

I am just  looking at multiple options to be discussed with employer, so any valued inputs would be appreciated.

Hi - Requesting some inputs on my queries so I can take up my case with my employer's Immigration team

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