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L1 To H1 And Labor

Discussion in 'AC 21 H-1B Issues' started by VCAC, Jan 10, 2015.

  1. VCAC

    VCAC New Member

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    Hi,
    I am approaching L1-B max cap of 5 years in April 2015, so I will leave for India. I am applying for a new (my first) H1 visa in April 2015..
    In parallel my GC processing is also on -- If I were to assume i have an approved I-140 and that my H1 does not get selected in the lottery -- can i return to US on my L1-B (which is valid till Dec-2015, but it would be going beyond the 5 yr limit)?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Unfortunately, no. Unlike the situation for H1Bs, L1s do not get an exemption from the maximum stay limit by have an I-140 approved on their behalf.
     

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