L1B Visa - Green Card Question

[lily1909]

I recently came to USA on L1B Visa. My company is starting to file the green card process for me under EB2 category as I hold a MS degree. L1B gives me the eligibility to stay in USA for a total period of 5 years. I have some questions.

1) I came to know that with L1B the constraint is that I got to have my Green card approved within the 5 years itself. Is this true?

2) If so, during the 5 years if my company applies for H1B could I continue to work for the same job on H1B?

3) Could the same Green card petition that my company applied for while I am on L1B be carried over while I am on H1B as well? or Should I be going through a new green card process?

Would appreciate if you could provide some insight to me in this regards. Thank You!

[pontevecchio]

1. NO

2. Yes

3. Yes.

[lily1909]

Should I leave the country if my greencard is not approved within the 5 year window? What would my options be?

[pontevecchio]

The total time L1B plus H1 status wise is 6 years. Your company would have to file your H1 petition subject to cap at some point of time. On H1 status you are entirled to one year extensions beyond 6 years if PERM or I-140 is pending more than an year or 3 year extensions if the I-140 is approved.