L1A to H1B processing during my sixth year of stay

[thiru4sap]

I am seriously looking for immediate help on my situation, someone please help.

My situation is I will be finishing my sixth year on L1A VISA Dec 2012. I am planning to apply for H1B and Green card subsequently. My company will not apply for GC so I have to follow this route.

I need immediate help to decide whether I have to apply for H1B for this quota or go back to home country and take 1 year gap and apply for H1B in next year quota.

If I have to apply for H1B in this quota is it possible to change my status to H1B and immediately apply for GC after changing my status from L1A to H1B.

[Attorney_23]

A potential employer can file a PERM case on behalf of a foreign national at essentially any time. In fact, in many times it is preferable for the employer to file the case before the employee can join the company as a nonimmigrant, because it provides the foreign national with an earlier priority date, and after the case has been pending for 1 year, allows the foreign national to possibly extend H1B status past the 6-year-limit in the future.

You may be able to remain in the U.S. and change status to H1B in October. However, you should schedule a consult with an experienced attorney who can review your situation in detail and provide you with specific advice.