L1B extension or New blanket L1B

[jaya226]

I have a very complex scenario. I will try to explain it as best as I can

 

I am a citizen of India and I worked in US on H1B for 7 years(and my visa was expired) Then I worked in China for the same company for a year.

Period in China -  Jan2010 to jan2011

Then company applied for L1B (as H1 quota was full at that time) and came back to US in Feb2011. 

My L1B is valid till March2014 and I-94 valid till April 2014. Now I am going on a trip to India in Jan2014, and my company lawyer says that getting L1-B extensions with USCIS is very difficult these days, rather suggested me to apply for a new blanket L1-B when I go to trip in India.

I am not sure if the lawyer is covering all the aspects in my case.

 

I have the following questions:

1. Am I eligible for L1-B?

           To be eligible for L1-B, a person should be working for continuous 1 year in abroad in the last 3 years ryt?If you count back 3 years from Jan 2014, I will have only 1 month experience working in abroad(China). How can I be eligible for L1-B?

 

2.If I don't apply for new blanket L1-B and rather stick with L1-B extension. What happens if my L1-B extension is pending/rejected? How long I can stay in US since my I-94 is valid only till April 2014?

 

3. Can I apply for a new blanket L1-B after a pending/rejected L1-B extension immediately or is there any wait period?Will I be eligible for the new blanket L1-B in April 2014 as at that point I dont have any experience working abroad(China) when counted back 3 years

 

4. If I am eligible for new L1-B do you suggest L1-B extension or new L1-B?

 

5. Since there is no quota open for 2013, I cannot apply for a H1-B. and the quota for 2014 opens up only in April 2014, looks like new H1-B is not an option for me. Is there any way I am eligible for H1-B as I was a H1-B holder in the past.

 

6.Can I apply for a L1-A instead of L1-B? I was not a manager when I worked in China, but I am a manager after coming to US, under this circumstance will I be eligible for an L1-A instead of L1-B.

 

Sorry for asking many questions but I am in a very complicated situation as you can see, after knowing my options I will have to take a decision depending on what my company suggests.

I will be waiting for your reply.

 

Thank you