View Full Version : L1 to H1B approval before 6 years but extension & stamping after 6th year

01-12-2011, 08:11 PM
Hi I entered the US on Sep24,2004 and am currently in my 7th year of L1 with my PERM filed in dec 2008. My company lawyer wants me to switch to a H1B before june23,2011 by recapturing about 9 months of outside US time and filing an extension based on the pending PERM. My wife is also working on a L2 EAD and I do not wish to move to a H1B as she wont be eligible to work.

My ques is

1. Can I file and get the H1B approved before June 23,2011 but get it stamped after June 23rd, 2011 and still be able claim H1 status to file an extension ?
2. If the above is possible can I claim recapture for my L1 till June23,2012 and then switch over to H1 and file an extension ?
3. If the above is not possible and I decline to move to a H1 and claim recapture on the L1 till june 23, 2012 and have to leave the country with the same compant would my GC appliction be cancelled or it can continue and I can come back once its approved ?