2 Questions : L1B - GC and L1B-Calculation of Period of stay

[vadheraju]

Hi,
I have two questions;
1) I am on L1B(Specialized Knowledge) visa , staying in US for last 3 years(5 months break, went to India in Aug,2004 and came back in Jan 2005).
I want to ask my employer to process GC.
Do I need to undergo LC process? or Is it equivalant to H1 - GC process?
Do I come under EB1, EB2 or EB3?

2) Calculation of Period of Stay:
- got first L1B(Blanket) Visa stamped in India in Dec,2002
- Came to US on same visa in June, 2003 and got I-94 till June 2004
- Got new L1B(individual) visa in May,2004 - got it in US
- Stayed in US till Aug,2004 and went to India , Stayed in India for 5 months
- Came back to US in Jan,2005

Does my L1 period counting start from Dec,2002(my first visa date) OR June,2003(my first US arrival date)?
How long I can still stay in US?
If I conver to H1, I can still stay for ANOTHER 6 yrs on H1 OR My L1 stay still be counted?

Would greatly appreciate your response.

Thanks.

 

[Nishant11]

Except L1-A which is for executive or managers, LC is mandatory for all others.

EB category depends on job requirement and not your qualifications. If you hold masters degree and job requirement is bachelors degree , it would still be EB3 and not EB2.

Since you didnot spend 365 days outside US without any visit during that period, your H visa will count L period previously used.

Total 6 years of H visa- Time spent on L visa= Period available to you.

You may be able to claim 5 months during which you were outside US.