Please help my friend, who is on L1B

V

Venu123

Registered Users (C)
Dear friends,

My friend came to US on L1B on June-2001. He has been in L1B since then. His employer is dragging its feet in applying for his Green Card.

Now, he wants to change employers and apply for a GC. Given this, please help us with below -

1. How long can an employee work in the US with L1B?

2. What is his best option to get Green Card (by changing employers)?

Thanks,

Venu.
 
1. 5 years on L1b
2. Get his new employer file for his H1b - probably has to wait until October 1 start date. The new employer can file for his greencard. When in H1b status you have the advantage of extension beyond six year in case a greencard application has been pending for at least 180 days.

He should check with an attorney to discuss the possible options.
 
Thanks!

Thanks, for replying.

When you say, 180 days after applying for Green Card - I take that you mean 180 days after filing I-1485 (Adjucation of Status). Please confirm.

Also, when you say H1b max. stay is 6 years, does it include the 4 years he has already been on L1b? I think so, but please confirm.
 
Sorry I was a bit too quick with my answer. In general after having your Labor Certification or I-140 pending for 365 days you can apply for one year extensions of H1b status beyond 6 years. The 180 day rule mentioned in AC21 applies to the I-485 stage. It allows you to switch to a different employer if that employer can offer you a similar position as described in the original Labor Certification.
And yes, the 4 years in L1b count towards the 6 years of H1b.
 
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