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Immigration Issues/Chances of H1B petition approval from L1A having less than a year left


Dear Ajay,

I'm on L1B (effective from Mar 31, 2008, but entered US on Jun 01, 2008) and had a valid Visa till Sep 2010. It got extended for 2 years till Sep 2012. My company A is going to apply L1A for me when I go back to my country in Sep, 2012.

Assuming L1A is approved and valid till Jun 2014, if a second company B submits H1B petition for me in Apr 2013, what's the likelihood that USCIS would approve the petition given that by Apr 2013, I would have completed about 5 years and only 1 year would be left for H1B expiry?

Well, chances are murky but if you have a year left you might get it.

Best wishes,

Note: Our main are of practice is U.S. Immigration Law with focus on Removal, Deportation, Asylum, Employment Visas, Non-immigrant Visas (H1B/L1/J1), Immigration Bond matters, Criminal Immigration and other complex Immigration matters and related Federal Court litigation.  This communication, though, does not constitute “legal advice”, nor does it form an attorney-client relationship.  

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Dealing with clients seeking immigration help since year 2001. Main area of practice is Immigration Law.

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LL.M - Benjamin N. Cardozo School of Law, NY. LL.B - Campus Law Center, University of Delhi, New Delhi.

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