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Is it legally valid to apply for GC on L1B and then change from L1B->H1B for the same employer?

Las Vegas, NV |

I am on L1B and L1B am going to expire on Oct 2013(1st 3 years). It can also be extended for another 2 years.
Now my current employer is interested to retain me long term and i am going to work for the current employer.
Is it valid legally to apply for GC now and also apply for H1B because H1B cap will start on April 1 2013(As employer is interested to apply for H1B as of now).
Will there be any issue to aply for GC and H1B in parallel keeping in mind that my employer is not going to change.

Attorney Answers 1


  1. Nothing illegal about it.

    Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.

    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.

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