H1B to L1A

[james01]

Dear Friends,

 

I need you suggestion .

 

Currently i am in US and my H1B total cap is getting over soon...may  be in 10 months as i used 5.1 years and just now landed (after 4.5 years) my question is.

 

1) Can i file H1B to L1A as i worked 1.5 year as Manager with the same employer outside of US and also my role is Project manager in US with same employer

 a)    if yes ! when should i start filing L1A like how many months before H1B expiring ( filling for H1B extension as its expiring in 4 month and  may get extension total10 months from now) 

 b) should i leave and re-enter into the country to start work on L1A?

c) Can i continue working same without leaving the country?

 

2) Is it good to ask my employer to file GC without going for L1A option?

 

3) should i request to File new H1B in next year Cap? if i go with option i need to leave the country as my H1B expering before oct 2016

 

Please help me which one is good...

 

Thank you

James

 

 

 

 

 

[jairichi]

1. Only if you have worked for the company outside US for one continuous year in the last 3 years after you made entry to US.

a. If employer is willing to file in PP then I would suggest a month before H1B expiration. If normal processing you are looking at 3 to 4 months for COS.

b. If approved as COS i.e. if I797 has I94 then exit and entry is not needed.

c. Refer b.

2. Yes.

3. You need to be outside US for 365 days before a cap subject H1B is filed. Date of filing matters and not date of entry. In your case if you leave now you are eligible only in Sep 2016 which actually means April 2017.

[james01]

Thank you very much Jairichi...

 

Point#3 i was outside of country for 4 years and came recently..still not eligible for H1B in new quota?