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Can H1-B gets converted to L1-A or F1 (student's visa) once the Green Card is request is filed with DOL?

Rogers, AR |

My H1-B will max out in next 9 months. My Green Card aplication is going to be filed within next 2 weeks in EB-2 category.
1. Can I continue to stay in USA after 9 months, if my I-140 won't get approved my that time?
2. Can I apply for L1-A or F1 visa after Green Card application is files or after I-140 is approved?

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Attorney answers 2


More information is needed. The F-1 is not likely, since it requires nonimmigrant intent. The L-1A and H-1B authorization periods often run concurrently and can't be used sequentially. There are circumstances where someone can request a 7th year and subsequent year extensions due to a labor certification application having been filed more than 365 days, or, if an I-140 petition is approved, 3 year H-1B extensions until the green card priority date is current. Consult with a knowledgeable and competent immigration attorney.

Scott D. Pollock
Scott D. Pollock & Associates, P.C.
105 W. Madison, Suite 2200
Chicago, IL 60602
(312) 444-1940
fax: (312) 444-1950

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I would advise that you review the option of premium processing your EB2 I-140 so that you may receive adjudication of the petition within 15 days of filing. The additional fee for premium processing guarantees a response from USCIS within 15 calendar days.

Please do not hesitate to contact our office for any clarification needed.

Best regards,

Renata Calderaro, Esq.
The Calderaro Law Group
Immigration Attorneys
12550 Biscayne Blvd., Ste. 800
Miami, Florida 33181
305-938-8391 Telephone
305-938-8392 Facsimile

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