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Possible to File L1B a second time after 5 years L1B status completed.

Redmond, WA |

I have a question regard L1B. If I have been on L1B for five years and my company failed to file H1B for me due to the H1B Cap lottery? Do I have to leave the US? Is it possible for me to come back with L1B again after I fulfill my commulite of a year or there is no possibility for me to get L1B visa again?

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Attorney answers 1

Posted

You could get another L1B, however you would have to be out of the United States for 365 days cumulatively.

Asker

Posted

Thank you David. If at the time I have to be out of the States for commulite of that 365 days, I have already filed my I-140 but not yet I-485. Can I continue my filing of 485 after I re-enter the US? or I have to file everything from scratch? Thank you

David Michael Gottfried

David Michael Gottfried

Posted

You can file your I-485 when your priority date becomes current if you are in the US, in a valid non immigrant status.

Asker

Posted

So for I can still file my I-485 on my 2nd time L1B based on the I-140 I filed in my 1st L1B? is my unstanding correct? Appreciate it. Thank you

David Michael Gottfried

David Michael Gottfried

Posted

You are confusing non-immigrant status with immigrant visa status, they are different.

Asker

Posted

Sorry for the confusing, Let me put it in this way. Suppose I am in my 5th year of my L1B which expires at Dec 2014 and I have just filed my I-140 this year (2014). In this case, I have to leave the US for at least 365, say that I will come back with another L1B on Jan 2016. will the I-140 I filed now still be valid at the time when i come back in 2016. or this I-140 will not be valid as along as my current status expired. Thank you.

David Michael Gottfried

David Michael Gottfried

Posted

Your I-140 has NO relation to your immigrant status, it remains valid.

David Michael Gottfried

David Michael Gottfried

Posted

Dont forget to mark as best answer.

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