kiran2012 Posted January 17, 2012 Report Share Posted January 17, 2012 I am currently working for Company "A " on L1-A which will be completing 7 years in Dec 2012. Company "B" is ready to do green card for me as their future employee. Company B claims that they will file premium Labor and premium 140, If 140 is also approved before my L1A expire date, they can file H1 as extension for 3 years. Though I would be completing close to 7 years by that time on L1A. Questions 1) Is 11 months sufficient for getting Premium Labor + Premium 140 Approved? 2) Upon 140 approval, Can Company B file H1 ext for me whose L1A is about to complete 7 years 3) Considering my spouse is carrying and working on H1 visa L1A 7yrs completion -> H2 one year -> H1 - Is this Legal? 4) Or is it advised to go out of US for 1 year and come back on Fresh H1 5) Or file H1 in Apr 2012, complete L1A 7 years, go out of US, get stamping done on fresh H1, come back to US after 1 year Please answer my questions. Thanks Link to comment
my2239 Posted January 17, 2012 Report Share Posted January 17, 2012 1) Is 11 months sufficient for getting Premium Labor + Premium 140 Approved? Firstly there is no premium Labor. There is only 1 labor: Perm It is impossible to predict what happens in Labor, I 140 stage 2) Upon 140 approval, Can Company B file H1 ext for me whose L1A is about to complete 7 years No: They simply cannot, because you have already used 7 years in L1, you have to be outside the country for 1 year before using L1/H1 again. SO you cannot continue in USA 3) Considering my spouse is carrying and working on H1 visa L1A 7yrs completion -> H2 one year -> H1 - Is this Legal? There is no visa called H2, It is H4 The possibility to move to H4 is always there But you cannot move back to H1 unless you spend 1 year outside USA More than likely you should simply wait for your GC to be approved 4) Or is it advised to go out of US for 1 year and come back on Fresh H1 That is correct you have to go outside USA But I would prefer asking your current employer to file for GC as it only takes 2 months to get approved if eligible for EB1 category (multinational executive / manager) 5) Or file H1 in Apr 2012, complete L1A 7 years, go out of US, get stamping done on fresh H1, come back to US after 1 year This option is always good but is obviously less advantageous than asking your L1A employer to file for a GC All the best Link to comment
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