What to do When L1A Time is Running Out

Most foreign national workers in the U.S. understand that H1B status can be extended beyond the standard six-year maximum once they reach a certain point in the process of being sponsored for an employment-based green card. Managers and executives in L1A status, however, normally cannot extend their status beyond seven years. Given the backlogs in the EB1(c) category for multinational managers and executives, this 7-year limit has become more of a problem for L1A workers seeking to continue working in the United States while waiting for their priority date to become current. A few tips are provided here for potential ways to overcome this hurdle.

Recapturing L-1 Time

The first, and usually simplest potential means of extending an L1A worker’s stay in the U.S. is to recapture any available L-1 time. The 7-year limit on L1A status only applies to time the individual has spent physically in the U.S. in L-1 (or H1B) status. So, even if the foreign national has been granted L-1 approvals valid for a total of seven years, this does not necessarily mean that the person has no more L1A time available. Rather, they may “recapture” any time spent physically outside the U.S. to continue extending L1A status.

Working Offshore to Bank Additional Recapture Time

There also are situations in which it may make sense for an L1A worker who is running out of L-1 time to transfer back to the foreign entity temporarily to build up additional recapture time. For instance, if an L1A worker has about one year left of L-1 time, and it looks like their priority date may be current within the next 1-to-2 years, it may be prudent to return to the foreign office – or even continue working for the U.S. entity from abroad – for a number of months. This may provide the individual with enough L1A time to resume working in the U.S. until their priority date becomes current and they can apply for adjustment of status (form I-485).

Changing Status to H1B or H-4

Another way to extend one’s stay in the U.S. while waiting for the priority date to finally arrive is to apply for a change of status. One option may be a change of status to H1B. Assuming the individual has not been counted against the H1B cap, it still would be necessary to go through the H1B lottery. It likely would be necessary also to have the H1B change of status go into effect before the L1A worker has used up six years of L-1 time. But, if planned well in advance, it may be worth having one’s employer submit the person’s name in the H1B lottery.

Another possible option may be to apply for a change of status to H-4. Obviously, this option is only available if the L1A worker is married to someone in H1B status. Moreover, to obtain work authorization in H-4 status, the H1B spouse would need to have either extended H1B status beyond six years based on a pending labor certification or be the beneficiary of an approved I-140. Regardless, if the person has an H1B spouse, at the very least, H-4 may provide an opportunity to remain in the U.S.

Conclusion

It usually is a good idea to start the employment-based green card process as early as possible, especially for foreign nationals born in a country facing considerable backlogs (e.g., India). Long-term immigration planning is also critical, as it can help in avoiding, or at least preparing for, possible challenges that may take place months or years down the road. Attorneys at the Murthy Law Firm can consult on potential options for those in L status seeking to maximize their stay in the United States.

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