L1b extension denied, H1B not selected in lottery, valid I94 for 1 year.

8 views 5 answers
L1b extension denied, H1B not selected in lottery, valid I94 for 1 year. Working with same employer as denial notice explicitely mentioned that I can continue working till my I94 expires. I have a year in hand, in this situation can my employer file a I-140 or PERM? I have completed 3 years of stay in L1B visa..

Attorney Answers

5
Andrew Bramante ·
This is a conversation to have with your employer's attorney. Depending on the circumstances, I would consider challenging the L1B denial and/or refile it. Your employer might have another attorney look at the filing to see if it could have been done better. As to a PERM, one year is barely enough to do a PERM, file an I-140 premium processing, and then file the I-485 with EAD coming within 90 days. Your employer and your attorney would need to work very efficiently and aggressively to get this done within 1 year.
0 upvotes
Tripti Sharma ·
When is the I-94 valid until? Just curios to know whether extension was timely filed.
0 upvotes
Robert Louis BrownImmigration AttorneyCleveland, OH ·
A perm may be filed if you are outside the country. Speak with your employers attorney as normally L-1b are granted for 3 years and 2 years, not sure how you go to 4 years.
0 upvotes
Lori Pinjuh ·
If the initial L1b remains valid, then the beneficiary may continue to work under its terms and conditions. You should seek counsel with the employer's attorney who helped file the L1b extension and see if a challenge is warranted for the denial. A PERM may also be filed, but if the immigrant visa is not immediately available, then there should be discussion on how the beneficiary will stay and work beyond the current I94 or leave the U.S. accordingly.
0 upvotes