Please advice - L1A visa - GC processing in EB2

[PLPri13]

Hello,

I have been in L1A visa for almost 6 years waiting for my company to process my GC in EB1 category. I am left with 1 year now (my 7 years tenure is getting over by Jan 2016) and my company has agreed to process my GC in EB2 category only.

Need your advice
1) How much time does it take for the Labor & I-140 to be approved, assuming everything goes fine?
2) Will I be eligible to stay after my 7 years L1A period if my i-140 is approved?
3) What other options do I have?

Thanks a lot for your valuable inputs.

[raghvi]

Hello,

I have been in L1A visa for almost 6 years waiting for my company to process my GC in EB1 category. I am left with 1 year now (my 7 years tenure is getting over by Jan 2016) and my company has agreed to process my GC in EB2 category only.

Need your advice
1) How much time does it take for the Labor & I-140 to be approved, assuming everything goes fine?
2) Will I be eligible to stay after my 7 years L1A period if my i-140 is approved?
3) What other options do I have?

Thanks a lot for your valuable inputs.

1. 6-12 Months if no audit or RFE.
2. Merely having an I-140 approved does not allow you to stay. If your priority date is current before your 7 Year completion then you can apply AOS. What is your country of birth?
3. If your priority date is no where near future am afraid you will have to leave US and stay out of US for an entire year and apply afresh L1/H1. What visa is your spouse on?

This is my opinion not legal advice.

[PLPri13]

Hello Raghvi,

Thank you for your response. My country of birth is India and my spouse is on dependent visa L2. I guess the priority date will not be current in my case by Jan 2016.

[raghvi]

Hello Raghvi,

Thank you for your response. My country of birth is India and my spouse is on dependent visa L2. I guess the priority date will not be current in my case by Jan 2016.

EB2 for India is current at 2005, so you are looking at a wait of at least 9 Years to have your priority date current and get a GC. So in order to stay and work in US you would need a valid visa. As you would have exhausted your 7 Year limit, you would need to stay out for an year to get a fresh H1/L1.

This is my opinion not legal advice.