Legal Question in Immigration Law in Massachusetts

Hello

I came to US on L1-B visa on 28th March 2009 and statred on H1B on 12th Feb 2012.

I was out of US for 84 days since 28th March 2009.

my current petition end date is 15th july 2015.

I have not started with my GC process yet.

Is there a lw that Labor needs to be filed 365 before the end of 6 years.

In that cae how can I handle my current situation of starting labor application.

Also Can I apply for prevailing wages and recruitment period at the same time?


Asked on 3/11/14, 4:53 pm

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

L-1B visa holders can only be in the U.S. for a maximum of five (5) years & the AC21 law to extend stay beyond that only applies to H-1B visa holders (which is what you are referring to in your question). (L-1B's can be extended for a total of 7 yrs if you become a manager/executive at least 6 mos before your visa expires).

Since you have a little over one year before your L-1B visa expires, your employer should start the labor certification process immediately. They cannot apply for a prevailing wage & do recruitment at the same time.

I highly recommend that your employer seek representation from an experienced business immigration attorney for this matter. Feel free to contact me if you or your employer has any further questions.

Good Luck!

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Answered on 3/12/14, 11:46 am


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