L1A completes in 20 months

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My 7 year L1A period completes in 20 months. It is improbable that my current company will apply for GC. I'm planning to look for a new employer (H1B) who could file GC for me. Considering the 6-year period limit for H1B, please advise if there's possibility for the new employer to apply H1B and GC for me. Please suggest options as well.

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I am talking with my current employer regarding this, so far no luck. Meawhile have the foll. questions:

If I find a new employer who would file GC (based on future employment) and I get my 140 approved before the 20th month of my current visa -

1. Can I continue to work for my current employer until 140 gets approved and then move to the GC employer.

2. Will the GC employer have to file a new visa or the 140 approval is enough to start working for him.

3. By the time i140 gets approved my 7 year period would be over. Will I be required to stay out of country for 1 year and come back with a new visa to work for the GC employer.

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  • 3 months later...


I have found job/employer who is ready to apply LCA and H1B asap. They are also ready to apply GC for me. I came to US mid July, 2006 and am on L1A since then. My 2nd extension of L1A expires in Mar 2013. I have so far remained outside US for approx 1 month and a week. Could you please clarify the foll.

1. Given the short time left for H1B (6 year limit), will USCIS approve the H1B COS.

2. Am I correct in assuming the H1B will be given until June 2012 or will it be given only until Mar 2012 (by simply deducting 1 year from the current L1A expiration date).

3. Is there risk that application will be denied since I've been in L1A for all these years and changing to H1B is a mismatch.

4. Is there a risk H1B COS will be denied if GC is filed in parallel. I'm assuming there would be a risk and prefer to apply for GC once H1B COS is approved. But given the short time left for applying H1B 7th year extension (provided everything until I140 goes well - I am assuming I'm eligible for premium I140), I'm not sure if I should waste 1 month or so for the LCA/H1B approval to arrive.

Please note, all the steps needed for Labor (eg. advertisement, interviews, etc.) were actually followed and completed during my job search.


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