Immigration Issues/L1 to H1

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Question
Hello Sir,

I am currently working in L1A visa and I am in 6th year of stay in USA. My 6th year ends in Sep 2012. I found another employer B who is ready to file H1 for me when I am about to complete my 6 years in US in another 10 months.  I have the following questions. Please advice me.

1) Do you think that its legal to file H1B when I am just left out with 10 months in USA?
2) If so, what are the chances of its approval and Is there any possibility to get my H1 approved till Sep 2012?
3) The employer B says that GC can be filed if H1 is approved. How feasible is this? Please let me know.

Answer
Hi,

There is a maximum allowable period of six years in H1B status. Unfortunately, time spent in L1A or L1B status counts towards this six year maximum. Thus, when H1B petition is filed through Employer B, it will be approved for only 10 months, as that will bring you to the maximum of six years.

H1B status can be extended beyond six years if the employer supports you for the green card process through the filing of PERM: www.h1b1.com/laborcert.htm but Employer B should do so as soon as possible.

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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