I have been in L1B status for 5 years and have an approved I-140. Can I use the I-140 to extend my L1B status?


Generally speaking, a person may remain in L1B status for a maximum of 5 years. An approved I-140 cannot be used as a basis to extend L1B status beyond the 5-year max. Rather, to be eligible to return in L1B status, one typically would need to leave the U.S. and work in a qualifying position with the foreign employer for at least 365 days. A better option may be to switch to H1B status, which can be extended beyond the normal 6-year limit based on the approved I-140 petition. (19.Dec.2016)

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Disclaimer: The information provided here is of a general nature and may not apply to any specific or particular circumstance. It is not to be construed as legal advice nor presumed indefinitely up to date.