7th year extension for new employer under AC21 for current L visa holder

[cvall77]

Hi

I tried searching a lot in forums but did not find answers for this L visa case. Please help.

I am with company A in US on L1A since 2006 (7th year expiring in 2013). My future employer B is ready to file PERM and I140 premium. I have the foll. questions :

1. Can AC21 portability rule (Section B) mentioned in http://www.uscis.gov/files/pressrelease/PeriodsofAdm120506.pdf be invoked for me.

2. Am I eligible for I140 premium processing ?

3. If 1. is true, is the AC21 based 7th year extension cap-exempt ? I ask this because by the time I140 gets approved next year, the H1B quota may get over.

4. How soon can I work for company B ? Does the AC21 based 7th year extension also require me to start working for employer B only from Oct or can I start as soon as 7th year extension is approved.

[cvall77]

This is very urgent. Could someone please reply to my queries. I missed the 2012 H1B quota, hence solely dependent upon the AC21 rule.

[redgreenbluee]

please consult a lawyer.

L1 to H1 is not cap exempt unless you were on H1 before (counted already on previous H1 cap).

time on L1 counts toward your H1 time (total of 6 years limit).

you are eligible for H1 extension beyond the 6 year limit if you have pending LC (or approved and not expired) for at least 365 days or approved I-140.

you can apply I-140 PP any time (no restriction or eligibility requirement).

you can only start working on H1 once your H1 petition is approved (not receipt/pending).

Hi

I tried searching a lot in forums but did not find answers for this L visa case. Please help.

I am with company A in US on L1A since 2006 (7th year expiring in 2013). My future employer B is ready to file PERM and I140 premium. I have the foll. questions :

1. Can AC21 portability rule (Section B) mentioned in http://www.uscis.gov...ofAdm120506.pdf be invoked for me.

2. Am I eligible for I140 premium processing ?

3. If 1. is true, is the AC21 based 7th year extension cap-exempt ? I ask this because by the time I140 gets approved next year, the H1B quota may get over.

4. How soon can I work for company B ? Does the AC21 based 7th year extension also require me to start working for employer B only from Oct or can I start as soon as 7th year extension is approved.

[cvall77]

Thanks a lot. Feels good to know that I140 premium can be filed.

I spoke with the company's lawyer, who suggested if I leave US say in Feb 2012, he can apply for 2013 H1B with work start date as Feb 2013. I have this question :

Is it possible to file the 2013 H1B application in April 2012 or is there a time limit that I must have spent certain number of months (during the 1 year wait period - Feb 2012 to Jan 2013) outside the country, before the fresh H1B petition can be filed. I'm asking this becos' I'm worried, if the 2013 H1B quota will be exhausted by the time, I'm eligible for it.