L1A to H1B conversion after 5.8 year -

Asked over 1 year ago - 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)

  1. F. J. Capriotti III

    Contributor Level 20

    3

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . 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... more
  2. J Charles Ferrari

    Contributor Level 20

    3

    Lawyers agree

    Answered . 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... more
  3. Christian Schmidt

    Contributor Level 19

    2

    Lawyers agree

    Answered . 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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