Hi All,
Currently in US, i am on H1b ( 6th year in progress ) and I have filed for GC in Oct’15… My H1B end date is in Jan’17. After speaking to the Law firm, they mentioned that there is no way I can get my labor and I-140 approval before the end date of Jan’17.
I spoke to the employer and they do not want me to go back to India and come back once I-140 is approved.
They mentioned the feasibility of filing for L1A until I get my labor approval. next year.
IS it possible that i can be on L1A and H1B at the same time ??
You won’t be on both. What they are probably planning to do is file COS from H1 to L1A. Once approved, your status will become L1A and allow you to stay for 1 more year. Once 140 is approved, they will file COS from L1 to H1 and you will be back on H1 status.
I don’t quite agree with your attorney here. Typical PERM processing time is 8-10 months and you should get it approved by then. Then 140 can be filed which will then allow you to apply for H1 extension for 1 year. They could also apply for 140 in PP and then file H1 extension for 3 years once 140 is approved. If PERM goes into audit then also you can get H1 extension filed for 1 more year.
There is no need for L1 in my opinion.