Legal Question in Immigration Law in California

I was on L1 visa from 2007 till 2009 and i moved to H1 by 2009 November , I'll be completing to of 6 years on H1 + L1 in 2013. Whether it is possible to extend my H1 as i have completed only 3 years in H1.


Asked on 11/26/12, 6:55 am

2 Answers from Attorneys
Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

If your company supports you for a timely filing of a PERM (also known as application for labor certification) application which leads to a green card, it should be possible to extend your H1B status beyond 2013: www.h1b1.com/laborcert.htm

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Answered on 11/26/12, 7:18 am
Marlene Hemmings Marlene Hemmings, Attorney at Law

You can only extend you H-1B visa beyond the maximum L/H 6 year period if you have an I-140 petition approved before your current H-1B expires. Depending on when your H-1B expires in 2013, your company might have time to file a PERM case and subsequent I-140 petition. However, they would need to allow at least 4 months (realistically, more than that) for processing of the two.

Feel free to contact my office if you have any questions. Thank you & good luck!

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Answered on 11/26/12, 12:55 pm


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