H1B GC

[prathima42]

I am currently on L1 A visa and I will be completing 7 years in Sep 2014. I was initially in H1B visa for 2 years and then converted to L1A.

I have the following questions

1) Can I apply for a new H1B this year and will it be approved ? If approved, when would the validity start

2) I want to apply for a GC, what are the possible options I have

2) SInce my company would not sponsor my GC, how can I process from outside.

3) I have used 2 years of my old H1B 2007-2009, Would that old petition H1B still valid as I have used only 2 years of the total 6 years that I am eligible

Pls let me know

[jairichi]

I am currently on L1 A visa and I will be completing 7 years in Sep 2014. I was initially in H1B visa for 2 years and then converted to L1A.

I have the following questions

1) Can I apply for a new H1B this year and will it be approved ? If approved, when would the validity start

2) I want to apply for a GC, what are the possible options I have

2) SInce my company would not sponsor my GC, how can I process from outside.

3) I have used 2 years of my old H1B 2007-2009, Would that old petition H1B still valid as I have used only 2 years of the total 6 years that I am eligible

Pls let me know

1. No. An employer can file a cap subject H1B petition only after you stayed outside US for 365 days. If you leave in Sept 2014 then H1B petition could be filed in Sept 2015 (most probably April 2016).

2. Ask your employer.

3. Unless you qualify for EB2-NIW or family based GN you have no other option.

4. In your situation it is no more valid as max allowed stay on H1B is 6 years but you have already stayed more than 6 years with L1A.

[pontevecchio]

1. NO. A sponsor can file in April,2016 for a start in October. You could plan to leave in April and a sponsor could file in April,2015.

2. Find a sponsor. At the very least discuss your situation with a Good Immigration Lawyer.

3. See 2. above.

4. No. The L1A plus H1 cannot exceed 7 years.

[prathima42]

 Many thanks for your response.Can you please provide more information on EB1A or NIW. I am hearing this for the first time. I tried to google and looking at the prerequisites, Iam not able to understand the details. I do hold a patent ,have published few solution papers, articles and aquired some certifcations, Can you pls let me know which category I would fall under.My company will not be supporting me  in this regard and I may need to look for consultants from outside. Is there anyone who can assist me with filing ,any help in this regard is much appreciated. Thanks again

[jairichi]

 

 Many thanks for your response.Can you please provide more information on EB1A or NIW. I am hearing this for the first time. I tried to google and looking at the prerequisites, Iam not able to understand the details. I do hold a patent ,have published few solution papers, articles and aquired some certifcations, Can you pls let me know which category I would fall under.My company will not be supporting me  in this regard and I may need to look for consultants from outside. Is there anyone who can assist me with filing ,any help in this regard is much appreciated. Thanks again

 

You will not qualify for EB1 based on details you had mentioned. There is a chance for EB2-NIW. Take the help of an attorney to know your chances.