Timeframe for L1B

K

kap123

New Member
I am currently on L1B(Blanket) visa. My petion was approved for 3 years. Before this visit I had been on L1B status twice , 11 months and then 19 months . Where do I stand in terms of 5 years limit on L1B.

1st stay on L1B(Blanket) from Sept 2000 to Aug 2001
2nd stay on L1B(Blanket) from Nov 2001 to June 2003
3rd stay on L1B(Blanket) from Dec 2003 till date . This petion was changed to personal petion in start of this year. My petion is expiring in March 2006. Would I be getting an extention or I have expired on my limit. Please advise

My company has started by process for GC and I am in the initial stage of Labour Certificate. Which part of GC processing I should reach to avoid the 5 years Limitation on L1B.
 
kap123 said:
My company has started by process for GC and I am in the initial stage of Labour Certificate. Which part of GC processing I should reach to avoid the 5 years Limitation on L1B.
Click to expand...

Your LC application has to be pending more than 365 days before hitting
the expiration date of L1B and then you can carry on with your GC journey.
Otherwise, you can not stay in the US with L1B unless you switch to other visa such as E visa.
 
GotPR,

Can you please explain a bit about your comment here that "Your LC application has to be pending more than 365 days before hitting
the expiration date of L1B and then you can carry on with your GC journey."
 
GotPR,

Thanks for the clarification. What are the timeframe limitations for L1B and GC filing. How much time before L1B expires should GC be files for safety.

Thanks!
 
kalamahari said:
GotPR,

Thanks for the clarification. What are the timeframe limitations for L1B and GC filing. How much time before L1B expires should GC be files for safety.

Thanks!
Click to expand...

If you were born in India or China, I can not find any good timeframe to ensure GC process done before L1A(7years) or L1B(5 years) period is over.. Retrogression is really bad for these people as of now.
If you change to L1A(7years limit), you may have chance to file I485 before expiration, but it depends on how retrogression plays.
Safe bet is you change to H1B and file LC at least 1 year before H1 period(6years) is over. L and H are combined toward 6 years limit, so that you need to count your L1 time into H1 period..
 
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Retrogression is that you can not file I485 until your turn(priority date) comes. It is because of shortage of visa number allocated to each country.
Depending on your EB category, you probably need to wait for at least 3 - 5 years to be able to file I485 at today's climate.
You can not avoid it in EB green card case if you are from India or China, because all the EB cateory is retrogressed for these countries.
 
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