L1 and Retrogression

A

a_kumar_up

New Member
My L1 (A) is expiring in Jan 2008 (7 years reached) and if I am able to recapture time, I can extend my stay till July 2008. My company is helping me for a GC. I do not have a priority date yet. With retrogression, I do not think I can file for I-485 in the near futre.

Can some one help me find answers to the questions below:

1. Once i-140 is approved, am I allowed to stay in the US?
2. Once the recaptured period expire, do I need to go out and come back
even with a i-140 approval receipt
3. If so how long should I stay outside US.
4. What happens to my GC application if I go out of US?
5. What are my options?

please help.
Anil
 
The issue is I do not have any one directly reporting to me and I spent 5 years on L1-B.
 
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If you are not qualified for EB1, there may not be option for you. There is a bill (S.1083) pending at congress which allows L1 holders to stay beyond max period if one has 365 days old LC and is subject to retrogression, but who knows it will pass.

You may need to talk to lawyer. CIS's old memo says that if one is not on H1 status upon expiration, one can not get 7th year(it should have been continuously on H1), but the rule was changed at the end of 2006 and they now allow people for 7th year H1 even though they are not on H1 status when they apply 7th year. For example, one spent 6 years on H1 and now using EAD. He can apply 7th year even though he is no longer H1 status.

It is not clear that your L1 can be treated that way, since it's up to how to interpret the rule and you are already on 7th year on L1A/B, so ask lawyer if you can convert to H1.
(you need to overcome H1 quota issue, and can not work til Oct 1 even if it's granted. so many roadblocks.. be prepared).
 
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did you file for a H1 this time?

You should have filed for an H1B earlier this year, then changed status to H1 in Oct 07 by ensuring that LC and I-140 are cleared by that date. Watch (& pray) for any bill that bumps up H1 quota for this year.

your other options seem to be:
- stay outside the US for an year to restart your L1/H1 clock, get LC+I_140 done by then.
- try to recapture as much time as you can, and see if you can drag that Jan08 date to October 08 (start spending time outside US from right now if you can) and try to get an H1 in next years quota.
cant think of much else.

talk to a qualified attorney immediately, there might be other things that can be worked out for you by them.
 
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