L1B extension after 5 yrs while in Labour certification of GC.

A

Adilsk

New Member
1. Would like to know if there is possibility of L1B extension after 5 years while in the labour certification process of GC and already a year is over after applying for Labor Cert. I know this is possible in H1 i.e 7th yr extension . Similarly the question is do we get extensions for L1B.

2. Under the same employer after applying for GC can we change L1B to H1B.
 
As far as I know there is no equivalent extension for L1b. The best strategy would be to switch to H1b if that works for you time wise. Please check with your attorney and maybe discuss the option to file under PERM for the labor certification.
 
Bob,

Thank U for the response. Any idea on my Q 2.

2. Under the same employer after applying for GC can we change L1B to H1B.
My point is if 6th yr and 7th yr extensions are not possible by L1B then
can we go for H1B under the same employer so that it buys the time for
6th & 7th yr extension etc while GC is in process.
Will this change from L1B to H1B have any impact to GC processing.
 
Well, that's exactly waht I suggested - to change to H1b to gain the advantage of extension years.
It will not have any impact on your greencard. Both L1 and H1b allow for immigration intent. Remember that the greencard applictation is an immigration visa based on employment, for a job in the future. Most people keep their non-immigrant status during the greencard process as a backup in case something goes wrong.
 
Under PERM issue on Extensions.

Bob,

I have heard that under PERM process the 7th yr or 8th yr extensions may be dropped IN FUTURE for H1B. Any thoughts ?
 
I have not heard of any of those rumors. Besides they do not make much sense to me either, but you never know...
Anyway, PERM is supposed to provide you a labor certification in 45 to 60 days. It will speed up the greencard process but only for the first step. With all the expected retrogression of available visa numbers, 7th year and beyond extensions of H1b status will probably still be necessary for many H1b holders in the greencard process.
 
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