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Immigration Issues/Question on GC and L-1A Extension

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QUESTION: I am currently on L-1A visa with the 7 year max out date on Jan 2016. If I initiate GC with my employer now, will I be able to extend my L-1A beyond the 7 year max out. If I can, can you please tell me what are my options, should I get PERM approved or I-140 approved before I could extend. Thank you for your time.

-BB

ANSWER: Hi,

You will not be able to extend L1A status beyond 7 years. You can depart the U.S. for one year and will be eligible for another 7 year term.

Your employer can file an I-140 petition for you in the EB1 category resulting in a green card. PERM (aka Labor Certification) is not required. See http://www.h1b1.com/practices/multinational-executives-managers/

Please discuss with your employer.

---------- FOLLOW-UP ----------

QUESTION: Hi Ajay, thank you for the quick response. If I apply GC in my current L-1A and get PERM approved, will I be able to convert to a H-1B visa based on that and extend further? Thank you for your assistance.

- Batan Bensigar

Answer
Hi Batan,

The time spent thus far in L1A status is counted towards the maximum of 6 years in H1B status. In addition, due to the visa cap, the H1B petition will be subject to the visa cap, and the earliest that it can be filed, therefore, will be April 01, 2015 with employment start date requested of October 01, 2015. This is not a viable plan in your situation. In any event, whether L1A, H1B, PERM, or I-140 your employer must be supportive.

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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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