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
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 does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.
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.
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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 experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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 construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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.
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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 constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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.ImmigrationDesk.com. Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.
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 relied upon to address a legal concern.