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L1a To H1 Conversion

Discussion in 'How to start the green card process' started by Sidhu0786, Jan 24, 2015.

  1. Sidhu0786

    Sidhu0786 New Member

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    Can L1A to H1 conversion be done? If so does it have to wait to be selected in lottery system or it can be any time of the year?
    Can I hire an attorney to apply for GC since mycompany has stopped applying for GC?
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    If you have not held H1B status in the last six years, you must go through the new quota filing in April. Otherwise, it can be done at any time. Keep in mind that all L time is counted against the six year H1B limit.

    If your company won't cooperate, you have almost no chance of getting a green card. Perhaps look for another employer?
     
  3. aswani kumar

    aswani kumar New Member

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    Hello There,

    I am currently holding a valid B1(valid till 2021) and L1B visa(valid till 2016), but I have resigned my current company and will be joining to new employer coming month. My question is can I transfer or convert my L1B to H,If yes, can someone help me on the process. or Please let me know the best possible ways to convert H1B

    Greatly Appreciated your response.

    Regards,
    Ashwin.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Please read my answer to the first post in this thread.
     
  5. Engee

    Engee New Member

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    Hello Ron,

    I'm currently in US on L1A. Previously I have had 2 H1Bs. On the first H1B, I have utilized only about 4 months of US stay and second H1B has been completely un-utilized.

    "If you have not held H1B status in the last six years, you must go through the new quota filing in April. Otherwise, it can be done at any time. Keep in mind that all L time is counted against the six year H1B limit."

    With regards to your above reply, in my case could you please suggest whether I would be eligible for filing H1B without having to wait for new April quota ?

    Secondly, my current employer has filed my PERM application last September (EB2). Will that have any direct or indirect impact on L1A to H1 transfer, in case such conversion is initiated.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Were either of your H1B petitions approved in the last six years? Did you get a visa or status for the most recent one?
     
  7. Engee

    Engee New Member

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    Hello Ron,

    My last H1B approval notice I797 has dates of 10/14/2005 to 03/11/2008.

    And yes I also have stamped visa on my passport (Issue date: 06.Jun.2006, Expiration Date: 11.Mar.2008) but never traveled on it.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Since it has been more than six years since even the expiration date of that petition, you are not cap-exempt.
     
  9. Engee

    Engee New Member

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    Many thanks Ron. So seems this option is not closed for me :(
     

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