Can I stay with approved i140 with expired L1-B and valid i94 after 5 Years ??

Asked 7 months ago - Richmond, VA

I'm currently on L1-B expired visa as of March 2013 with valid port of entry i94 until 2015 Sep . My company is processing GC under EB2 category. If the labor and i140 is approved before March 2013 (5 Years cap for L1)
1) Can I stay after March 2015 with approved i140 in US. If No
2) Since I'm on i94 now I'm I eligible for applying L1-A conversion without exiting the country
3) or I'm I eligible to apply for H1-B without exiting the country.

Attorney answers (3)

  1. Hugo Raul Valverde


    Contributor Level 10

    Answered . If you read the I-140 approval notice closely it says that it does not grant any immigration status. As long as you are in status you can apply to change your immigration status without leaving the country.

  2. Alison Yew

    Contributor Level 11


    Lawyer agrees

    Answered . Your dates are all mixed up. If your I-94 is valid until Sept 2015 then you can remain in the U.S. and be employed under the L-1B until the I-94 expires. But the approved I-140 in an of itself doesn't grant you any status to remain in the U.S. or be employed.

  3. F. J. Capriotti III

    Contributor Level 20

    Answered . What did the company's immigration lawyer say when you asked these questions?

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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