In the US on L1B and GC proceeding

Hi Everyone,

I have been working for the same company for 12 years +. I worked for the Canadian division for 10 years. In 2009 my position in Canada was eliminated and I was transferred to the USA where I am presently.

I have been getting L1B intermittent visas since 2002, while I was still living and working in Canada as my job required me to come in to the USA on occasion to work. (doing it the right way, I suppose).

My last L1B was approved in Nov 2008, be we didn't move into the USA until July 2009 - on the same iteration of the L1b.

My company is in the process of getting my L1B renewed again for 2 more years - to go to the 5 year max - which they expect will be adjudicated.As I understand it, I will have to leave two years from the date on the new I94.

Last year, my company started the GC process. I'm at the point now where the I-140 has been submitted, but not yet approved. For my job in the US, they went through the DOL gauntlet - advertising, interviews etc., but eventually got the green light to file I-140 after having to go through a DOL audit - now cleared. My priority is 3/2010.

What are my options in 2 years time when the L1B will expire and be exhausted?

I don't have a degree and there was told I can't transfer to H1B due to the job in the DOL paperwork not requiring a degree.


One question I have. Would my accumulated time outside of the USA count towards the required 365 days outside of the US for resetting of the L1B?

eg. Nov-Jul = 8 months. trips outside the US Jul-Present = approx 2 months.

Could I technically leave for 2 months and then reset my L1B?

If my I-140 is approved and then they initiate the I-485, but I run out of time, does my I-485 keep chugging along until the GC is approved?

Any help or suggestions would be appreciated

Thanks

Unlike H1, you cannot get extensions of L1 beyond the limit, even if your GC process is pending.

If you can file I-485 before that date, then you can get an EAD to work while I-485 is pending.

If however, you cannot file I-485, and your L1 expires, you pretty much have to leave US. You may even have to switch to consular processing, since I-485 cannot be filed while outside US.

Accumulated time does not count. You need to leave and not return to US (other than for brief non-working tourist entries) for a year.

So the key will be if you can file I-485 before your L1 expires.