L1b Status question

  • #501914
    Corneliu 173.***.187.94 1950

    Hi,

    I’m currently on a L-1B extension, working for a company in US since 2008.

    My L-1B extension expires on in Jan 2013, so it cannot be extended
    anymore, because I will reach the maximum of 5 years allowed.

    My employer is planning to apply for a PERM this year, before L-1B expires.

    If they apply for PERM, but it doesn’t get approved until my L-1B
    extension expires, will I be allowed to continue to work in the US until
    we receive an answer from DOL? If yes, would that status be granted
    automatically, or could it also be denied? What status would that be? H-1B?

    So, the question is: do we have to apply for H-1B while I’m waiting for
    Labor Certification? If yes, is this just a formality, or is it subject
    to quota and possible denial?

    Thanks!