Doing 2nd yr in L1 with I-140 filed for EB-2

[rosg]

Hi Forum,

Thanks a lot for upholding this wonderful service and online help.

Background:

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> Working in US. Its been 1yr 6 months (of 5 yrs) in L1-B status.

> L1-B I-94 expires on 1-Oct-2014.

> Wife working via a L2 EAD.

> I-140 is in process for EB-2 Immigration petition.

> Most likely priority date is Aug 2012 (post I-140 approval)

> Might visit India this yr (2013).

Employer's attorney wants me to switch to H1B to increase

flexibility in Immigration petition & VISA stamping upon travel outside US.

Their plan is to apply this year (2013) for next year (2014) H1B quota.

My Plan:

=======

1) Not very excited about Green Card

Reason: I-485 for now looks stretched by 8yrs (2021?) (atleast

theoritically, given that current Priority dates for India EB-2 2004)

2) Won't switch to H1B now

Reason: Wife cannot work as her L2 EAD would be void and

has to wait for an individual H1B for herselves

3) Apply for L1-B status extension for 2 more yrs such that L1-B

status continues from 1-Oct-2014 onwards to 1-Oct-2016 (5yrs L1-B period)

Question on 3):

I am not sure. Is it possible to extend L1-B I-94 with I-140, after 5yrs in

L1-B, without leaving US (for VISA stamping)?

4) Initiate switching to H1-B by applying in 2015 for 2016 quota (pretty

close as H1 would start 1-oct-2016). If successful, H1-B could cover till 2017.

Question on 4): Do you see any problem with this?

5) Extension of VISA/I-94 possibility in H1-B & I-140 status without

leaving US. Also some chances for priority date to become current before or by 2017

Questions in general:

================

a) Is my plan making sense in a practical way?

b) When travelling to India when on extension of stay (after VISA/I-94 on passport

expires), I think I need to get VISA stamping at Consulate. Is there a problem here?

c) Am I missing any thing important?

Obvious alternative plan is to get a H1-B for my wife (her current employer will not) and convert my L1 to H1

as per my Employer's attorney.

Cheers,

Gopinath

[binoca82]

On L1 you will get 5 years of stay and it cannot be extended further based on I140, for that you need to be on H1.