Visa available until 2016 but can i stay?

[saravkumar]

Hello all, hope all is good.

 

I just have 1 question.

 

My 6 years of stay in the US will be over by Oct-2014. By 6 years, I mean i was on L1 for about 4.5 years and am on H1 for the next 1.5 years. But recently when I went to Canada for stamping, they gave the visa and I-94 until 2016. 

 

My employer has filed for Labor on Jan-1, 2014. Based on current processing times, looks like labor may get approved only by August or September. So my question is: If Labor and I-140 does'nt get approved by October, do I have to leave the country as my 6 years will be over OR can I continue staying the US since I have an approved visa until 2016? 

 

Any response to clear my dilemma will be appreciated. Thanks in advance. 

[jairichi]

Hello all, hope all is good.

 

I just have 1 question.

 

My 6 years of stay in the US will be over by Oct-2014. By 6 years, I mean i was on L1 for about 4.5 years and am on H1 for the next 1.5 years. But recently when I went to Canada for stamping, they gave the visa and I-94 until 2016. 

 

My employer has filed for Labor on Jan-1, 2014. Based on current processing times, looks like labor may get approved only by August or September. So my question is: If Labor and I-140 does'nt get approved by October, do I have to leave the country as my 6 years will be over OR can I continue staying the US since I have an approved visa until 2016? 

 

Any response to clear my dilemma will be appreciated. Thanks in advance. 

If your PERM is pending for more than 365 days then employer can file for 1 year H1B extension. Otherwise you would have to leave the country or move to a dependent status when you reach 6 years of stay on L1B and H1B together.If you are exiting the country or moving to dependent status then do so a month earlier so that it would help employer to recapture months spent outside US or dependent status to file for H1B extension based on PERM pending for more than 365 days.

[t75]

Do NOT use a mistake in the stamping and I-94 to remain in the US illegally.