L1B - expired visa

[Sagarj79]

Hi,

Below are my visa status details:

Visa type : L1B
Validity : Oct'12 (Arrived in US Dec'09)
I94 validity : May'15


Question : Since I am a expired L1B visa, and staying on basis of my I94, I wanted to check options so that I can travel to India/abroad and re-enter into US, which I am unable to do now due to my expired visa.

The options I assume are :
1) Apply for extension of existing visa. (Please advise if any problem in doing so now. Also I understand the hit rate for overall L1 has been very low, especially for top Indian IT firms)
2) Apply for COS to H1 (Pls advise your suggestions on this. Challenge here is my wife will lose her employment status as she is currently on L2-EAD)
3) Apply for COS to L1A (Please advise requisites and any inputs on this. I have managerial experience before coming to US.)
4) Process GC.

Further, my wife is also working here basis her EAD and her employer has processed her H1 under this year's quote, but I am not sure since it will be picked up in Lottery.

Please advise what would be the best option for me given my current situation.

Regards

[raghvi]

Since yours and your spouse's visas have expired in order for both of you to leave US and return you would need a new visa stamping done.

Since your I-94 is expiring in May 2015 USCIS will not process your extension request as extension is done if I-94 expiring in next 6 Months from date of application. Earliest you can apply for extension is Dec 2014 by the time you would have already completed 5 Years stay; so no point.

Even if your wife's COS to H1 is approved if she leaves US she would need a new stamping done in order to return.

Also, the quota for this year's H1 is already over so a L1 to H1 COS for you is also ruled out for you till October 2014.

Dec 2014 you would have probably exhausted your 5 Years L1 allowed stay too (if you have stayed entire time in US from Dec 2009 - Dec 2014).

You can try going for fresh L1 stamping in Canada or India but no one can predict the success rate and if denied you might end up working outside US till you get fresh L1 or H1 in 2014.

The best option would be to go for L1B to L1A but remember, just being Manager is not enough, there are lot many requirements that go with L1A. Once on L1A you can certainly try GC under EB1C and probably get GC within a Year. But the whole process from L1B to L1A to GC can take easily a year or so. And of course the biggest thing about convincing your employer to invest in this process.


With that said, irrespective of L1 extension filing, L1 to H1 COS, L1B to L1A or your spouse moving from L2 to H1, if you two leave US then you need to get a new stamping done.

This is my opinion not legal advice.

[Sagarj79]

The best option would be to go for L1B to L1A but remember, just being Manager is not enough, there are lot many requirements that go with L1A. Once on L1A you can certainly try GC under EB1C and probably get GC within a Year. But the whole process from L1B to L1A to GC can take easily a year or so. And of course the biggest thing about convincing your employer to invest in this process.

Hello raghvi,

Thank you so much, your response is elaborate & very informative. Is L1B to L1A mandatory for processing GC under EB1 category or it can be directly processed (under EB1) for L1B? I guess it is a tricky one though.

Regards
Sagar

[raghvi]

Hello raghvi,

Thank you so much, your response is elaborate & very informative. Is L1B to L1A mandatory for processing GC under EB1 category or it can be directly processed (under EB1) for L1B? I guess it is a tricky one though.

Regards
Sagar

Not necessary but in my opinion L1A is the easiest way to EB1 GC.

Read more details : http://www.immihelp.com/greencard/

This is my opinion not legal advice.

[Sagarj79]

Not necessary but in my opinion L1A is the easiest way to EB1 GC.

Read more details : http://www.immihelp.com/greencard/

This is my opinion not legal advice.

Thanks again raghvi. One last question. L1A-Blanket or L1A-Individual be the best option?
Appreciate your inputs.

Regards

[nicoeppersma]

Thanks again raghvi. One last question. L1A-Blanket or L1A-Individual be the best option?
Appreciate your inputs.

When you 'convert' from L-1B to L-1A, the petition requires the appropriate evidence so it will be treated as an individual petition.

As ragvhi noted, it is not mandatory to be L-1A classified in order to establish eligibility for EB-1c, but in general it perceived to be is the easiest way as USCIS rarely denies petitions for individual (and thus converted) L-1A's.