H1 to L1 to H1 and H1 extension

I

itarchitect

Registered Users (C)
My situation is as following:
From Company A I was in USA working in H1B during 2000-2001 for 10 months.Gone back to home country to work for same company for 4 months. Came back to USA for the same company in the same H1B working for 1 year 2 months. Changed H1B to L1B for same Company (A) - until august 2005 it is 2 year 7 month.
So total stay in US with H1+L1B = 4 years 7 months. I have max 1 year 5 months for completion of 6 years if I go for H1B.

Company A has applied for my Labor Certification under EB3 category which is pending in BPC . The date of priority date is 7/01/2003.

Now Company B (which is a much much biger company-fortune 100) is offerring me job.


Question

1. My present company A is applying for my L1A as my 5 years stay with L1B will be soon expired and my job role is also changing to a team lead position.
Now if company B also apply for H1B at the same time whether that will be a problem or not? Can I withdraw the L1A and apply for H1B or can both be processed simultaneously.

2. If I apply for H1B from Company B whether I will be counted against the 65000 cap that had already been reached. As I had already once been counted towrads the 65000 cap , as per some message board I can apply for H1B for the remaining period and it will not be counted for the cap ( I have max 1 year 5 months for 6 years of H1B).

3. Can Company B apply for my H1B 7th year extension based on my LC pending for 2 years ? ( The question is whether to get my 7th year extension can they use my pending LC from company A or whether the only way is they have to file for my GC asap in PERM and then apply for the extension after completion of the 365 days , which will be very close to my 6th year end. )

4. Please let me know how long it takes for doing the preperation(how long the advertisement have to be their etc) to apply in PERM?

5. If I apply in EB2 category from Company B via PERM can I keep my priority date of 7/1/2003 from Company A?

If answer of question 4 is no then :
7. If I apply in EB3 category from Company B via PERM can I keep my priority date of 7/1/2003 from Company A?

8. Say I decided to stay with Company A and got my L1A, what are the criteria that I can apply for my I-140 and I-485 together bypassing the LC processs? Also I will apply for EAD with this and can I change my job in a similar position by using the EAD to Company B after 6 months -whether I have to wait for my I-140 approval or not?

Thanks,
 
itarchitect said:
My situation is as following:
From Company A I was in USA working in H1B during 2000-2001 for 10 months.Gone back to home country to work for same company for 4 months. Came back to USA for the same company in the same H1B working for 1 year 2 months. Changed H1B to L1B for same Company (A) - until august 2005 it is 2 year 7 month.
So total stay in US with H1+L1B = 4 years 7 months. I have max 1 year 5 months for completion of 6 years if I go for H1B.

Company A has applied for my Labor Certification under EB3 category which is pending in BPC . The date of priority date is 7/01/2003.

Now Company B (which is a much much biger company-fortune 100) is offerring me job.


Question

1. My present company A is applying for my L1A as my 5 years stay with L1B will be soon expired and my job role is also changing to a team lead position.
Now if company B also apply for H1B at the same time whether that will be a problem or not? Can I withdraw the L1A and apply for H1B or can both be processed simultaneously. No problem can go together

2. If I apply for H1B from Company B whether I will be counted against the 65000 cap that had already been reached. As I had already once been counted towrads the 65000 cap , as per some message board I can apply for H1B for the remaining period and it will not be counted for the cap YES ( I have max 1 year 5 months for 6 years of H1B).

3. Can Company B apply for my H1B 7th year extension based on my LC pending for 2 years ? ( The question is whether to get my 7th year extension can they use my pending LC from company A YES or whether the only way is they have to file for my GC asap in PERM and then apply for the extension after completion of the 365 days , which will be very close to my 6th year end. )

4. Please let me know how long it takes for doing the preperation(how long the advertisement have to be their etc) to apply in PERM? 2months max
5. If I apply in EB2 category from Company B via PERM can I keep my priority date of 7/1/2003 from Company A? NO
If answer of question 4 is no then :
7. If I apply in EB3 category from Company B via PERM can I keep my priority date of 7/1/2003 from Company A? NO
8. Say I decided to stay with Company A and got my L1A, what are the criteria that I can apply for my I-140 and I-485 together bypassing the LC processs? Unless a executive level, CEO, VP only. Also I will apply for EAD with this and can I change my job in a similar position by using the EAD to Company B after 6 months -whether I have to wait for my I-140 approval or not?

Thanks,
Click to expand...
 
Thanks -a confirmation

Thanks a lot greatguru.
Just want to make sure about Q2 and Q8 second part .
2. If I apply for H1B from Company B I will NOT be counted against the 65000 cap that had already been reached - correct? As this is the most important point.
8. Say I decided to stay with Company A and got my L1A, . I apply for I-140,I-485 and EAD. Can I change my job in a similar position by using the EAD to Company B after 6 months -whether I have to wait for my I-140 approval or not ? What are the criteria to change job to Company B using the EAD?

Thanks again.
 
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