L1B maxing out, I-140 is not filed yet, from RoW, Re-enter US after 1 year or Canada PR?

Oct 12 21 Comments

Hi community, my L1B expires in 1.5 years. My company has started the GC process, but it's in very early stage (waiting for PWD from DOL). In case if S386 is passed and signed into law, I won't be able to receive my GC and would have to leave the country as we can't extend L1B beyond 5 years. I'm not sure whether my company will apply for a fresh L1 after 1 year.

Does it make sense to re-enter U.S after 1 year (to reset L1/H1 clock) for a CS master, get OPT and then H1, and then eventually GC? Or doest it make sense to move to Canada right away? I'd love to live in the US for the rest of my life (have two US born kids too), but STEM->OPT->H1>GC path is very unreliable (couple of my friends didn't win the H1 lottery), but Canada PR is a sure thing on the other hand. What's your view on this? YOE 6+, TC 176K


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TOP 21 Comments
  • Amazon


    Yo-yo Chen
    Dude, are you brain dead? The bill was killed off by Durbin few weeks back. Another stealthy S386 thread? Idiot
    Oct 13 10
    • EPAM Systems gifnYebd
      He's a great guy ♥️
      Oct 16
  • EPAM Systems gifnYebd
    Don't sweat it, the Indian bill won't pass
    Oct 12 0
  • Criteo rmMl03
    Highly unlikely that S386 will be signed into law.
    Oct 12 2
    • OP
      Hmm, who knows whether Mr. Trump is planning to use it to make a trade deal with Mr. Howdy Modi. I think only Durbin is blocking it at the moment. India Voice may try to convince him.
      Oct 12
    • Criteo rmMl03
      I hope so raju
      Oct 12
  • Credit Karma ohhno
    Even if it's passed RoW is fine for next 5 years.
    Bigger question is, why was GC not filed for so long?
    Oct 12 3
    • OP
      Hmm, how come RoW is fine for 5 years? The bill includes a transition period of 3 years, but only 15%, 10% and 10% of the GCs are allocated to RoW. Currently RoW receives roughly 80% (112K GCs) of the EB GCs every year. So RoW would need 336K GCs during this 3 years transition period, but would get only 49K GCs (35% of 140K). Anyway, my visa is expires in 1.5 years, so would need to leave anyway if the bill is passed.
      Oct 12
    • Credit Karma ohhno
      It will still be current because rest 20% are still free.
      Why don't you concentrate more on making your employer file your GC rather than worrying about some bill?
      Convince your employer to file GC first!
      Oct 12
    • OP
      They've already started the process and filed for PWD with DOL two months ago and still waiting for it. My company policy is to start the GC process after 3 years of employment in US, that's why they haven't started the process earlier.
      Oct 12


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