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L1A to H1B conversion after 5.8 year -

Minneapolis, MN |

I came here on L1A visa in dec 2007 and since then i am here on extension its been
5yr 1 month.As its been more than 5 yr if other company apply H1b visa this yr i could start from oct and then i would work only 4 more month on h1b visa.What are the chances of getting h1b visa for this short period.?
If my new company start labor for GC now and I-140 later. and if i get h1b and my I-140 goes through before 6 yr completion, am i eligible for further extension based on approved I-140?

Attorney Answers 3

Posted

Chances of getting an H that is only valid for 4 months? Yes, it is possible.

'Pushing' the envelope so as to take advantage of additional extensions? Tricky and best discussed with the company's immigration lawyer.

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.

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2 comments

Asker

Posted

Thank you.As we discussed with the company attorney and they are going through the same thing. but so many ifs.if we get h1b only than.let keep fingers crossed.

F. J. Capriotti III

F. J. Capriotti III

Posted

Perfect ... that is the person to be talking to.

Posted

What are the chances of getting h1b visa for this short period.?
Depends on the facts of the case.

If my new company start labor for GC now and I-140 later. and if i get h1b and my I-140 goes through before 6 yr completion, am i eligible for further extension based on approved I-140?
That is a big IF.

It will be three months before a labor certification can even be filed.

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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Posted

As you can change to H-1B only as of October 2013, it is very unlikely that you will be able to get a PERM based I-140 approved in time. You should investigate whether you can apply as International Manager under EB-1C.

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