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Hi, I have been in the US from May 2007 on a L1A visa.

Tampa, FL |

a) Can I apply for a H1B visa in April 2013?
b)Does my period of stay on a L1A visa apply to a H1B visa ?
c) My spouse is on a L2 visa with an EAD. Can her employer apply for a Green Card ?

Attorney Answers 3


  1. If you are in status, and will be in status until October 1, 2013, you can apply for change of status in April 2013. Your period on L1 does not count towards the six year limit for H1b. Whether your spouse is eligible for an immigrant visa depends on the job title, wages, and availability of U.S. workers for the position, among other things.

    The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.


  2. Generally speaking, an H-1B visa has a stay limitation of 6 years. Time spent in L-1 status counts towards that six year limitation. If you have been in L-1 status since 2007 it appears that you are ineligible for an H-1B visa until you spend 1 year outside the U.S. (there are some exceptions to this rule).

    Your wife's employer can petition for a green card for your wife but what that process will entail depends on a number of different factors. Consult with an experienced immigration attorney who can review the facts of your case, advise you of the options available, and recommend how best to proceed.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


  3. I agree with Jeffrey. The total time that one can be on H-1B is 6 years and L-1A is 7 years. Time on L counts towards H-1B so if you continue to stay in the U.S. until May, you would have already used up your time in H/L. Your and/ or your spouse's employer can apply for immigrant visa petitions. Feel free to call my office if you need more information.

    This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. If you would like additional information based on this response, please contact my office at 510 657 7665 to schedule a consultation.

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