H1B to L1A options for the 7th year extension.

[setulkumarpatel]

I will be completing my 6th year H1B on Sept 4th 2013 and I-94 also expires on Sept 4th 2013, My Company filed for the GC PERM as of Dec 13 2012 and after 5 months got PERM labor audit. They replied by May 22 2013 but still dated my labor audit is pending. Can I get 7th year extension on my H1B? If no, then can I apply for L1A to capture my 7th year extension and then switch back to my H1B once my pending labor and I-140 gets approves? Can you please let me know.

[pontevecchio]

L1A has no effect on H1 extensions. A pending appeal may help you get a 7th year extension.

[setulkumarpatel]

_{Thanks, So you are saying that I can get 7th year extension on H1B itself but my ERM Green Card PD was on 13th Dec 2013. One can get 7th year H1B extension only if his labor is pending for 365 days or more, In my case its less than 365 days Hence I have to leave the USA right?}

[pontevecchio]

You have to leave in September when your I94 expires.

[setulkumarpatel]

It means I have only one option to convert from H1B to L1A to capture my 7th year extension and then switch back to my H1B once my pending labor and I-140 gets approves? What is the eligibility for the L1A filing.

[pontevecchio]

Since you have been here for 6 years I suspect L1A is not possible. But ask your company in any case.

[nthaccker]

Hello Setulkumarpatel , 

 

Any updates on your case ? I am also in the same boat . My PERM is pending and H1b expires in October.  

 

I am looking for options same as you - What are you planning to do ? 

 

Was wondering if we have any possibility of staying here on any other VISA status .

 

thanks