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My name was picked up under H1B lottery in the 29th July draw, I’m seeking your guidance if i should move to H1B application vs L1B(current visa status) and clarity if this will incrementally make my EB1 green card process stronger:
Current situation:
My in-house legal team recommends that i should move to H1B change of status vs L1B
- Makes GC case much stronger(takes managerial question out of equation)
- No risk of visa status until green card is approved, can be renewed multiple times
- Don’t need to go for L1A for change of status
Negative side of converting to change of status
- High emotional cost: my wife need to quit her current job as soon as my H1B is converted and will no longer be able to work until i get my EAD on green card AOS submitted or H4 EAD, likely she'll get EAD through AOS faster
- If green card application is rejected, I will loose L1 status and my wife ability to work here in USA which has a high emotional cost attached and financial implications
Option 2
If i go for H1B as consular notification:
- My wife can continue to work here in US till April'22 for sure, and if she gets EAD on green card AOS application
- Makes the green card application less stronger as I will be judged on L1B
-Risk of going out of work authorization and might need to move back to India for some time
-Will need to travel out of the country before L1B renewal to get the stamp. No option to renew it from here in US
Option 3
continue with the original plan of converting to L1A
-will require to convert the visa status to L1A to make the green card process stronger, which has the risk of rejection and the green card application
-L1B 1st renewal due in June, require to travel outside of US
Overall, please could you let us know if moving to H1B makes the case much stronger for green card instead on L1B?
keeping the risk and rewards in mind, which is the best decision to balance the situation?
Current situation:
- Filed under EB1 Green card applications(I-140, AOS etc…) on 11th August 2021
- My visa status is L1B, which is currently valid from 19th June 2019 till 18th June 2022
- My wife is currently on L2 EAD
- Per our earlier discussion, I’m scheduled for visa interview for change of status at the Canada USA Consulate on 18th January’22
- In addition, applied for change of status L1B to L1A under regular processing(online) on August’21, awaiting result
My in-house legal team recommends that i should move to H1B change of status vs L1B
- Makes GC case much stronger(takes managerial question out of equation)
- No risk of visa status until green card is approved, can be renewed multiple times
- Don’t need to go for L1A for change of status
Negative side of converting to change of status
- High emotional cost: my wife need to quit her current job as soon as my H1B is converted and will no longer be able to work until i get my EAD on green card AOS submitted or H4 EAD, likely she'll get EAD through AOS faster
- If green card application is rejected, I will loose L1 status and my wife ability to work here in USA which has a high emotional cost attached and financial implications
Option 2
If i go for H1B as consular notification:
- My wife can continue to work here in US till April'22 for sure, and if she gets EAD on green card AOS application
- Makes the green card application less stronger as I will be judged on L1B
-Risk of going out of work authorization and might need to move back to India for some time
-Will need to travel out of the country before L1B renewal to get the stamp. No option to renew it from here in US
Option 3
continue with the original plan of converting to L1A
-will require to convert the visa status to L1A to make the green card process stronger, which has the risk of rejection and the green card application
-L1B 1st renewal due in June, require to travel outside of US
Overall, please could you let us know if moving to H1B makes the case much stronger for green card instead on L1B?
keeping the risk and rewards in mind, which is the best decision to balance the situation?
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