Immigration Layer

Asked about 1 year ago - Coralville, IA

One of my friend is working for employer A with L1B visa. His visa and I94 is expiring in Jan 2014. He will be filing last extension for 3 Months. His 5 yrs of tenure will finish in April 2014 and also his employer stated GC process now

What options are available to continue work in US ?

is it possible If his I-140 is approved by Apr 2014 and if his company files H1B (L1 to H1 COS) shell he continue after April 2014

Please clarify

Attorney answers (8)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    15

    Lawyers agree

    Answered . No, he is not permitted to work while a change of status from L-1B to H-1B is in progress.

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20

    8

    Lawyers agree

    Answered . Options depend on facts. One of your friends, the one that asks this question should schedule a consultation with an immigraiton attorney. L1B does not lead to a green card. The fact that PERM is filed makes no difference in terms of staying in this country, which is not possible on L1B status beyond the tenure. The employer of your friend, yes, that one, should have hired an immigration attorney long ago. This way, your friend, would not have eded in the predicament he or she is now.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. F. J. Capriotti III

    Contributor Level 20

    5

    Lawyers agree

    Answered . FIRST ... your friend should talk to the company's LAWYER ... not a non-attorney in HR.

    SECOND, what type of GC are you talking about? There is no connection from L-1B to a GC.

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

    Contributor Level 20

    5

    Lawyers agree

    Answered . There are several legal strategies your friend may contemplate. The right way is to meet with an experienced immigration visa attorney in the area to establish a plan of action taylored to the specific needs of the selected legal option.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  5. Giacomo Jacques Behar

    Pro

    Contributor Level 20

    5

    Lawyers agree

    Answered . I concur with the Professore.

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  6. J Charles Ferrari

    Contributor Level 20

    5

    Lawyers agree

    Answered . He would need to discuss that with an attorney, and not through a friend on a public forum.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more
  7. Gunda Johanna Brost

    Pro

    Contributor Level 20

    3

    Lawyers agree

    Answered . Your friend should consult with an experienced immigration attorney in his area.

    This advice does not form an attorney-client relationship and is merely informative. It should not by itself be... more
  8. Anu Gupta

    Pro

    Contributor Level 19

    4

    Lawyers agree

    1

    Answered . He can change status to H1. However, H quota opens next April. He will need to stay in valid status till then. Else he can leave, get the H stamped and return in Oct 2014. Cannot continue to stay just because 140 is approved.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more

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