H1B to L1 Visa after I-140 (EB3) approval

[snowbird2013]

Hi,

I completed my 6 years cap in USA - 3 years on L1 and 3 years on H1-B with same employer. I was not eligible for H1-B extension after 6 years due to pending PERM approval ( less than one year). So I moved to india on April, 2012. My EB3 PERM and I-140 got approved now. I applied for my H1-B extention and got approval (I-797B) for one year till June, 2013. I am planning to travel to USA on L1 Visa insted of H1-B after April, 2013 for same employer. The reason is my dependent can work in USA on L2 visa.

I am planning to attend my L1 stamping in May,2013. Will there be any problem to my L1 stamping due to approved I-797B notice?

Will there be any impact to my approved I-140 if i travel on L1 visa after one year for same employer?

Can you please answer these questions? Thanks in advance.

Best Regards

Kumar

[t75]

L-1 is also dual intent visa.

[pontevecchio]

You seem to have covered your bases. Be proactive and discuss any issues with a Lawyer now well before you file. I suspect you are fine with this plan.

[pontevecchio]

Sorry, I made a major error in my reply. It may not be possible for you to be eligible for the L1 since you have H1 extension approved. and while H1extensions are possible beyond 6 years based on an approved I-140 , the same is not true for L1.