Mrc

Hi,

i have L1b that will run out in 5-2012.

I'm currently in discussion with my com pany to see what they can do to keep me in the US.
First thought was to go for H1B and the perm residence but they say that the H1B limit is reached and now i will have to leave the country for 1 year and come back in on L1B.
They say that in the meantime, they will start perm residence work, resulting in this being completed within 2nd 5 year stay.

Q1 - Is there no way i can get H1B change before May2012?
Q2 - If i leave for a year, is there any greater chance of refulsal for 2nd L1B visa than on original application (due to already having been in US for 5 yrs)?
Q3 - On the year out of the US - are visits for holidays etc allowed??

Thanks for your time and help...

Dougster75

Is there any way you could qualify as an L1A? (eg. managing people and/or functions prior to your move here and managing people and/or functions now?). If so, an AOS to L1A ought to buy you a bit more time and make the greencard process quicker. My adjustment to L1A was done quite quickly - make sure the company uses all premium processing avenues available.

Can you get in touch with the attorney the company used to do the L1B?

Doug.

Orangepants

H1B become available again in April 2011 for an Oct 2011 start so whilst there aren't any numbers available today there will be by the time you need one. You have to add the time in L1 status to H status to reach a 6 limit but if you have a green card application in then you can extend a year at a time but GC application has to be in a year I believe so you may be cutting it fine.
Think that Dougster has the better idea to transition to L1A - GC