H1-B's up, is my best option 1 year out & L1?

[sxt173]

Hi all,

Here is my situation, I have been in the US since 1996 under various F1's, OPT's and H1-B's. My current Company B's immigration attorneys missed my prior H1-B at Company A and applied for and got a 3rd H1-B for me that would take me to 9 years expiring in 2011 (which is in my passport right now)

They noticed this error in the past few days, but I am already at 6.9 years total on H1-B's at this point.

Labor Cert is barely started and nothing has been filed with the government.

They are saying my best option is to work for one of our locations in Europe for 1 year and than they will bring me back on a L1 and this way, I don't have to worry about an overstay on H1-B's affecting a Green Card in the future.

Since I am already 1 year over, does it really make a difference at this point from INS' standpoint? I'm lucky that my company is willing to move me to Europe and back, but I want to see if I actually gain anything by doing this

H1-B Activity:
Company A -- H1-B 1st -- 2.6 Years
Company B -- H1-B 2nd -- 2.7 Years
Company B -- H1-B 3rd -- 1.6 Years (till current)
--------------------------------------
Total 6.9 Years

 

[Concerned4us]

Of course it makes a difference if you continue to violate the regulations governing the H1B visa program. You need to immediately discuss this with the attorneys representing your employer in your case for an analysis of the effect of your illegal stay on your future filings.

It is your responsibility to make sure that you do not violate US law.