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  • L1A to Green Card

    My husband is on L1A and the 7 years ends in Oct 2013 and i am on L2 with EAD. What are our options to stay and work in US after that time?

    1. Can his employer apply for H1B before Oct 2013? OR

    2. Can he file for GC before Oct? How can my husband get work authorization after Oct if he files for GC under EB3?

    Please advice..

  • #2
    Originally posted by senorita6 View Post
    My husband is on L1A and the 7 years ends in Oct 2013 and i am on L2 with EAD. What are our options to stay and work in US after that time?

    1. Can his employer apply for H1B before Oct 2013? OR

    2. Can he file for GC before Oct? How can my husband get work authorization after Oct if he files for GC under EB3?

    Please advice..
    If the entire 7 Years stay was not physically in US there may be some time that can be recaptured. Why wasn't the GC filed or even thought of for last 6.5 Years? L1A can file GC under EB1 Category but you have very limited time hence advisable to start the processing immediately and talk to an experienced lawyer to expedite the process. . There is no point filing H1B as 6 Years stay might have already completed.

    Another option can be that you convert to H1 from 01-Oct-2013 and your husband moves to H4 but then he cant work.

    If your spouse's current employer is not willing to process GC I am afraid you don't have much option but to leave US Oct 2013 and stay outside for 1 Year in order to be eligible for fresh L1/H1.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by senorita6 View Post
      My husband is on L1A and the 7 years ends in Oct 2013 and i am on L2 with EAD. What are our options to stay and work in US after that time?

      1. Can his employer apply for H1B before Oct 2013? OR

      2. Can he file for GC before Oct? How can my husband get work authorization after Oct if he files for GC under EB3?

      Please advice..
      Hi,

      Your husband can't stay in US either on H1B/L1B/L1A beyond 7 years.
      The best option is to talk to his employer and apply for GC. You probably will get GC for L1A with in 6 months (as L1As are eligible for EB1)

      Comment

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