My employer filed for my H1B (RP/RQ/CSC), but i haven’t heard anything yet. I’m currently on L1. My initial L1 petition was approved in March’2009, but i first came to US in Aug’2009 and been here since then.
Now my current L1 petition will expire on March’14. H1B was my only hope to continue my stay in US. As i’m looking for plan B, i have few questions, it would be great if you or anyone in this forum can answer these questions -
a. Can my employer file green card on L1B (individual) visa? and then they can file my H1B again next year.
b. Can i recapture the time i spend outside US on L1 (basically time from March 2009 thru July 2009)?
-
Yes, GC can be filed while on L1B
-
Your clock started only after you entered US in Aug 2009.
If you get H1 approved this year, you get a total of 6 yrs (excluding vacations spent outside US since Aug 2009).
If your H1 is not selected or approved this year, you can go for L1 extn next year and also H1.
If L1 extn is declined and H1 is approved next year, you have to leave US till Sep 30. You can enter only on or after Oct 1, 2014. (If I-94 expires before Oct 1.)
If L1 extn is approved in March 2014, you can continue to stay and assuming you will get H1 next year, you can use it after your 5 year clock of L1 and stay for an extra one year to reach the 6 year L1+H1 clock.