nikeng Posted June 30, 2011 Report Share Posted June 30, 2011 Dear Experts, I am trouble and any help from you would be really helpful Below are my case details have 4 years of BE and 8.5 years of experience in IT 1 Labor applied under Eb2 category(26 Oct 2010) 2) Got Audited (2 -Feb-2011) 3) Got Denied (20-Jun-2011) Appeal is due by 20 Jul 2011, my 6 years of H1-including of all recaptured time is getting over on 20 Nov 2011 Can you please advise what are my options 1 ) My lawyer said that they will appeal for denied labor, can i apply for 7th year extension based on appeal 2) if above is yes , when can i apply for 7th year extension (after 26 oct 2011?)as my priority date 26 oct 2010 (365 days are still not over) 3) What happen if my appeal get rejected..do I have to leave country immediately 4) any other options i can try to continue my stay 5) Can I change my visa from H1-B t0 L1-A, L1-A has 7 years of stay in USA compare to H1-b which has only 6 years of stay...after changing to l1-A ,,,,can i file under Eb1 category 6) Can I change my Eb2 category to EB3 category ...and appeal my case as labor got denied for Eb2 category Link to comment
Joe.F Posted June 30, 2011 Report Share Posted June 30, 2011 For an L1, you have to have worked abroad for the company for one year in the last 3 years. If you are on H1 for the last nearly 6 years, that's obviously not the case... Link to comment
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