L1B to Green Card in EB2 Catagory

[gogreen]

Could someone tell me how much time it would take a get a green card in EB2 category ? As of now I am in L1B visa, visa is expired i94 is valid for one more year.

[raghvi]

Could someone tell me how much time it would take a get a green card in EB2 category ? As of now I am in L1B visa, visa is expired i94 is valid for one more year.

Whats your country of birth?

[gogreen]

Whats your country of birth?

India

[raghvi]

India

EB2 for India is current at 2008, so you are looking at at least a 6 Year wait. You have to plan on moving from L1 to H1 sooner or later in order to continue staying in US for those 6 Years, or more, of wait time. How much time have you already spent in US on L1 visa?

This is my opinion not legal advice.

[gogreen]

EB2 for India is current at 2008, so you are looking at at least a 6 Year wait. You have to plan on moving from L1 to H1 sooner or later in order to continue staying in US for those 6 Years, or more, of wait time. How much time have you already spent in US on L1 visa?

This is my opinion not legal advice.

I landed in US in L1B visa around two years back, visa is expired but staying in i94 which is valid till 2015 Aug, I can stay in US with current i94 for 1 more year. So, answer is : I completed almost two years in L1B visa

[raghvi]

I landed in US in L1B visa around two years back, visa is expired but staying in i94 which is valid till 2015 Aug, I can stay in US with current i94 for 1 more year. So, answer is : I completed almost two years in L1B visa

GC is for future employment. So the earlier you apply, the earlier you join the queue, even if the queue appears to be long. Apply and let the process take its time as I said GC can take at least 6-8 Years.

Meanwhile, if you want to stay in US till you get your GC, you need to maintain valid status on L1 or on H1.

To get on to H1, in April 2015 apply for H1, at the same time you would also need to apply for L1 extension before Aug-2015, in order to be allowed stay beyond Aug-2015.

L1B max stay can be for 5 Years. H1 max stay can be for 6 Years. L1+H1 combined stay can be for 6 Years. Only H1 can be extended beyond 6th Year in US, if GC is filed before your 5th Year completion , or I140 approved.

This is my opinion not legal advice.

[gogreen]

GC is for future employment. So the earlier you apply, the earlier you join the queue, even if the queue appears to be long. Apply and let the process take its time as I said GC can take at least 6-8 Years.

Meanwhile, if you want to stay in US till you get your GC, you need to maintain valid status on L1 or on H1.

To get on to H1, in April 2015 apply for H1, at the same time you would also need to apply for L1 extension before Aug-2015, in order to be allowed stay beyond Aug-2015.

L1B max stay can be for 5 Years. H1 max stay can be for 6 Years. L1+H1 combined stay can be for 6 Years. Only H1 can be extended beyond 6th Year in US, if GC is filed before your 5th Year completion , or I140 approved.

This is my opinion not legal advice.

Thanks for the detailed reply. I have couple of more questions now. So if GC is applied now in EB2 category and then leave US when my L1B validity is over, GC will still get processed and I can return once GC I'd approved. If yes, do you think any add risk in it to get the GC rejected?

Also, do you think applying GC in EB1 with current L1B status is an option considering it would take less than a year to get the GC processed?

[raghvi]

Thanks for the detailed reply. I have couple of more questions now. So if GC is applied now in EB2 category and then leave US when my L1B validity is over, GC will still get processed and I can return once GC I'd approved. If yes, do you think any add risk in it to get the GC rejected?

Also, do you think applying GC in EB1 with current L1B status is an option considering it would take less than a year to get the GC processed?

As I said, GC is for future purpose, so if your employer keeps the application alive while you are outside US, then yes, GC can still get processed. But you got to also understand that it will take probably another 10 years for you to get GC in EB2 category.

As for EB1, if you have been a multi national executive/manager who has worked in that capacity for at least 1 Year while outside US then you may be eligible.

EB1s are not easy to come by, and many organizations dont file EB1 as the requirements are stringent, as well as the pay is higher.

First talk to your employer if they willing to process your application in EB1.

This is my opinion not legal advice.

[Johnin16]

Possibility of EOS to get I-94 extended

Raghvi - Thanks for the detailed explanation and advice. If someone decides to stay back in US and not go to India after L1 visa expires, is it possible to get I-94 extended based on the Green Card receipt(may be EOS)? (assuming case is filed in EB2 and candidate will not apply H1)

[raghvi]

Raghvi - Thanks for the detailed explanation and advice. If someone decides to stay back in US and not go to India after L1 visa expires, is it possible to get I-94 extended based on the Green Card receipt(may be EOS)? (assuming case is filed in EB2 and candidate will not apply H1)

No. Only stay in H1 can be extended beyond its limitation of 6 year under certain circumstances. L1b beyond 5 years and L1a beyond 7 years cannot be extended merely on the basis of an immigrant petition.

This is my opinion not legal advice.

[ggauravuee]

can I apply Green Card while in L1 B and after few years I switch to H1 B visa ?

No. Only stay in H1 can be extended beyond its limitation of 6 year under certain circumstances. L1b beyond 5 years and L1a beyond 7 years cannot be extended merely on the basis of an immigrant petition.

This is my opinion not legal advice.

@raghvi, I have a similar question. I have come to USA on L1 B around 6 months back and now I want to apply for Green card for continuity of job in USA even after my L1 B get expired after 5 years (Jan 2020). I come to know that GC takes 6 to 10 years for Indians. Hence, is it advisable to apply for a Green card sooner (in next few months) while I am in L1 B status and after 3-4 years, I switch to H1 B visa i.e. before my L1 B get expired. Is it possible that I can apply fro GC in L1 B and the same GC application is valid once I switch to H1B. I am not preferring to apply for H1B right now as my wife can't work on H4 (as I 140 approval takes 2-4 years).

Please guide me on it.

Thanks
Gaurav

[kksunil]

L1A to Green Card through EB2 Category

Hi ,

Need advice from experts here on GC possibilities for me.

I came to US in Sep-2016 under L1A, but when my company looked for options for filing my GC, they realized it cannot be processed under EB1C because my previous role had no direct reportees though I was a Manager (individual contributor) managing work through vendors. That leaves me with only EB2 option.

L1A (Blanket) Issue Date: AUG2016 Expiry AUG2021

I had an H1B in 2013 but I never used it or visited US on that. ((H1B Issued in OCT2013 Expire JUN2016))

What should be my best strategy to avail my GC?

Thanks in Advance!
Sunil

[scientist2016]

GC processing has got nothing to do with your visa status. So it can be (should be) started asap. Also, if you want to avail yourself of your previous H1, your employer should file for a cap exempt H1 ASAP based on your previous H1, since you can only claim the cap exemption within 6 yrs from approval or last use.

[kksunil]

As I said, GC is for future purpose, so if your employer keeps the application alive while you are outside US, then yes, GC can still get processed. But you got to also understand that it will take probably another 10 years for you to get GC in EB2 category.

As for EB1, if you have been a multi national executive/manager who has worked in that capacity for at least 1 Year while outside US then you may be eligible.

EB1s are not easy to come by, and many organizations dont file EB1 as the requirements are stringent, as well as the pay is higher.

First talk to your employer if they willing to process your application in EB1.

This is my opinion not legal advice.

Hi Raghvi,
1. What cost and process it takes for the employer to keep the GC application alive?
2. What if I change the employer when I am back in India after L1 validity?
3. Can I apply a fresh H1 and come back to US immediately after my L1 expiry and transfer GC application to new H1 sponspored employer with out affecting the timelines?

Thanks Raghvi for helping thousands of people with their queries here. - Sunil

[hireIND]

L1B to GC

No. Only stay in H1 can be extended beyond its limitation of 6 year under certain circumstances. L1b beyond 5 years and L1a beyond 7 years cannot be extended merely on the basis of an immigrant petition.

This is my opinion not legal advice.

Is this still valid that, we cannot stay even if we have valid I-140 approved copy ? [after my L1B cap of 5 years stay over / done ]
Please confirm