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tshr

L1- options for continued stay if priority dates will not be current in near future

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I have consumed almost 5 years of L1A Visa. My I-140 is approved in EB1C category with priority date as May-2018.

As per VISA bulletin dates for filling application as well as Final action dates are lagging for India.

To continue stay in USA after consuming all 7 years, what situation I should be in?
1. Can i apply for extension even after consuming 7 years based on approved I 140? (either blanket based or individual)
2. If i could apply for status of change application before consuming 7 years but if priority date is not yet matched for Final action date, will I be eligible for L1 extension
3. Is it mandatory to pass priority date to Final action date before consuming all 7 years?
4. Is there any alternative solution whose process I should start from now to continue in USA? what are such options?

 


 


 

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You can not stay past the 7 years of the L1A. It can not be extended. You have to leave the country.

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Petition for H-1B, win the lottery and switch over to H-1B from L-1A so that you can stay on it indefinitely till you get GC

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The law does not provide a method for extending L-1 status beyond the 7 year limit for L1A or the 5 year limit for L1B. One's only avenue is to leave the United States or change to another status. If one is going to change to H1B, one must have an I-140 petition approved which will provide a basis for the cap-subject H1B Petition to be approved with time past the general 6 year limit.

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