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  • Best way forward?

    Hi,

    Once again, I seek some expert advice on immigration.

    My situation is :

    - I am on an L1B visa, and my wife is on an L2 with the EAD
    - Both our visas and her EAD expire in Aug2013
    - My wife's employer is willing to file for her H1 this April
    - I want to start filing for my GC process asap

    The problem is that I have already used up about 3 years of my L1 tenure. The GC process is lengthy and in all probability, my 5 max stay years will run out before the GC process has even gathered some steam.

    So, I am thinking of talking to my employer about filing a COS H1 for me. That way I get one extra year (max of 6 years on H1), plus apparently I can renew my H1 status while my GC is in pending mode.

    Now, the timing is what I need your opinions on.

    a) Should I wait for my wife to get her H1 and then get an extension on my L1 and then get a COS H1 before I start my GC process?
    b) Should I start my COS H1 process now to meet the Apr2013 date and hope that both of us get H1s together and then start my GC process?
    c) Is it possible to start my GC process now, and change to H1 while the process is pending so that I can keep renewing my status?

    I'm sorry for the length of the post, but I am really hoping to get some insight into this.

    As always, all your comments/opinions are greatly appreciated.

    Cheers.

  • #2
    Originally posted by pdw13 View Post
    Hi,

    Once again, I seek some expert advice on immigration.

    My situation is :

    - I am on an L1B visa, and my wife is on an L2 with the EAD
    - Both our visas and her EAD expire in Aug2013
    - My wife's employer is willing to file for her H1 this April
    - I want to start filing for my GC process asap

    The problem is that I have already used up about 3 years of my L1 tenure. The GC process is lengthy and in all probability, my 5 max stay years will run out before the GC process has even gathered some steam.

    So, I am thinking of talking to my employer about filing a COS H1 for me. That way I get one extra year (max of 6 years on H1), plus apparently I can renew my H1 status while my GC is in pending mode.

    Now, the timing is what I need your opinions on.

    a) Should I wait for my wife to get her H1 and then get an extension on my L1 and then get a COS H1 before I start my GC process?
    b) Should I start my COS H1 process now to meet the Apr2013 date and hope that both of us get H1s together and then start my GC process?
    c) Is it possible to start my GC process now, and change to H1 while the process is pending so that I can keep renewing my status?

    I'm sorry for the length of the post, but I am really hoping to get some insight into this.

    As always, all your comments/opinions are greatly appreciated.

    Cheers.
    When is your L1B I94 and your spouse's L2 I94 expiring?

    If they are both expiring before 01-Oct-2013 the first thing you have to do is get an L1 extension filed.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      When is your L1B I94 and your spouse's L2 I94 expiring?

      If they are both expiring before 01-Oct-2013 the first thing you have to do is get an L1 extension filed.

      This is my opinion not legal advice.
      Both my wife's and my I-94 expire in Jan 2016.

      Comment

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