L2 visa and greencard processing

[rgoverr]

Resolved QuestionShow me another »
L2 EAD Green Card Process?
Hi ,
My spouse is working on L1- Blanket Visa.His visa is valid till Feb 2015 , I-94 Valid Till Jun - Feb 2015 .
My staus is L2- Dependent Visa ,I got my EAD and have been working as a full time Employee for US based company since last 3 months. My L2 visa,EAD and I-94 validity is same upto Feb 2015 .

Now I have the following quick Q' s -

Q1. My employer is ready to process my(m on l2 visa) GC.But - given the time lines that we can stay here max till 2015- Feb, can GC be done within that period OR we could be in a stage where we can stay back and work even if visa gets expired.

Q2 : It is kind of related question, How much time it takes to reach a stage where your stay is extended if your GC is under processing?

Q3. Any other faster way of GC processing like EB1 .... / Any other chances of getting it done within our staying period here ? ... Any chance of avoiding Labor clearance ?

Q4 : If i get an extended stay during my gc processing,will my spouse also be eligible for the same?

Q4. If we leave US before Feb 2015, will GC process be canceled automatically ?
Any impact on my principal L1 - Blanket visa ?

I shall be thankful for any help on above questions.

Thanks !

[raghvi]

How long have you and your spouse been in US? Isn't your spouse's company willing to file GC ?

GC is for future employment and an employer can file for it anytime. The issue comes up is that it can take anywhere from 1-15 years to get a GC depending upon the category under which it is filed as there are various categories of Employment based GC. You will have to first determine which one does your job qualify for and whether you also qualify for that classification. I am assuming it will be filed as EB2 or EB3. EB1 would have been possible had you been on L1A. The other categories of EB1 are highly scrutinized and conditions are very difficult to be met (exceptional ability folks). EB2-EB3 can take anywhere from 7-15 years. Till that time in order to stay in US one would need a valid visa and associated valid I-94. Considering the time it takes to get a GC(Except L1As filing under EB1) nearly all eventually have to move to H1 visa in order to continue their stay in US while GC is going on. This is because if GC is filed timely H1 can be extended by 1 Year /3 Years till one gets GC the same extensions cannot be done for L1/L2.

1. As said you have to first determine under what category your GC would be filed. Merely filing for GC doesnt allow one to stay in US. One would need to have a valid visa and I-94 durign that process to stay in US.
2. On L2 not possible. Only possible on H1. On H1 if GC is filed before 5th Year completion H1 can be extended in increments of 1 Year. if I140 is approved then one can get 3 Year extensions of H1.
3. There are 3 types of EB1 : Extraordinary Ability, Outstanding professors and researchers or , Multinational manager or executive. As mentioned EB1 is easiest if one is on L1A
4. As mentioned, you would eventually move to H1 and spouse would have to move to H4 in order for that to happen.Remember as per current laws spouse cannot work on H4.
4. No it can continue in your absence.

Suggestion: Assuming you are eligible for EB2/EB3 classification only, I would suggest you ask your current employer to file for your H1 in April 2014 for a start date of Oct 2014. Also start GC processing parallely. If L2 to H1 is successful in 2014 your spouse can move to H4 from Feb 2015 And then keep extending H1/h4. Ofcourse spouse will not be abel to work on H4.

Its not going to be easy going through this entire process without an attorney's help so do talk to your own or employer's attorney and determine the options.

This is my opinion not legal advice.

[rgoverr]

How long have you and your spouse been in US? Isn't your spouse's company willing to file GC ?

GC is for future employment and an employer can file for it anytime. The issue comes up is that it can take anywhere from 1-15 years to get a GC depending upon the category under which it is filed as there are various categories of Employment based GC. You will have to first determine which one does your job qualify for and whether you also qualify for that classification. I am assuming it will be filed as EB2 or EB3. EB1 would have been possible had you been on L1A. The other categories of EB1 are highly scrutinized and conditions are very difficult to be met (exceptional ability folks). EB2-EB3 can take anywhere from 7-15 years. Till that time in order to stay in US one would need a valid visa and associated valid I-94. Considering the time it takes to get a GC(Except L1As filing under EB1) nearly all eventually have to move to H1 visa in order to continue their stay in US while GC is going on. This is because if GC is filed timely H1 can be extended by 1 Year /3 Years till one gets GC the same extensions cannot be done for L1/L2.

1. As said you have to first determine under what category your GC would be filed. Merely filing for GC doesnt allow one to stay in US. One would need to have a valid visa and I-94 durign that process to stay in US.
2. On L2 not possible. Only possible on H1. On H1 if GC is filed before 5th Year completion H1 can be extended in increments of 1 Year. if I140 is approved then one can get 3 Year extensions of H1.
3. There are 3 types of EB1 : Extraordinary Ability, Outstanding professors and researchers or , Multinational manager or executive. As mentioned EB1 is easiest if one is on L1A
4. As mentioned, you would eventually move to H1 and spouse would have to move to H4 in order for that to happen.Remember as per current laws spouse cannot work on H4.
4. No it can continue in your absence.

Suggestion: Assuming you are eligible for EB2/EB3 classification only, I would suggest you ask your current employer to file for your H1 in April 2014 for a start date of Oct 2014. Also start GC processing parallely. If L2 to H1 is successful in 2014 your spouse can move to H4 from Feb 2015 And then keep extending H1/h4. Ofcourse spouse will not be abel to work on H4.

Its not going to be easy going through this entire process without an attorney's help so do talk to your own or employer's attorney and determine the options.

This is my opinion not legal advice.

Thank you so much for the inforamtion. To answer your questions:
1.We are here in us for past 6 months.
2.My employer is going to file under EB2 category.
3.My spouse is on L1 visa , what if i move to H1 visa and my husband remains on l1 visa till the time he has his visa valid?
4.Just to get more clarity, can greencard processing and status change to h1 happen in parallel?I am not sure if my employer is going to change the visa status to H1.
I might have to do it myself.
5. As you mentioned that it is not possible to get extension on l2 visa based on GC filing, what if in the mean time L1 visa status person is asked to come back to india by the company?

Thanks in advance!

[raghvi]

L1 Blanket can be extended till 5 Years stay in US is complete. If L1 extension is approved L2 can also be extended along with it.

3. Yes possible. But What I said was that the earliest you can move to H1 is Oct 2014. To stay and work beyond Feb 2015 you and your spouse would need L1 and L2 extension approved. To stay beyond Feb 2015 your husband can move to H4 too(provided your H1 was approved) but cant work.
4. Yes they can as they are independent but as mentioned in earlier post, EB2 GC can take around 7 years, so in order for both of you to continue to stay and work in US beyond Feb 2015 either your spouse's L1 and your L2 is extended beyond 2015 OR you move to H1 and file extensions.
5. If L1 is asked by employer to leave US then L2 should leave too. In such circumstnaces if you have an approved H1 the spouse can move from L2 to H1.

This is my opinion not legal advice.

[getraja21]

Is L2 Visa holder with EAD eligible for GREEN CARD?

Hi all,

I am on L2 visa and have an EAD valid till next year to work any where in U.S.

Am i eligible to start Green card processing with my current L2 visa--EAD.
if so please let me know the process?

Would appreciate if anyone would clarify my doubts and let me know the process.

Thanks in advance..

Resolved QuestionShow me another »
L2 EAD Green Card Process?
Hi ,
My spouse is working on L1- Blanket Visa.His visa is valid till Feb 2015 , I-94 Valid Till Jun - Feb 2015 .
My staus is L2- Dependent Visa ,I got my EAD and have been working as a full time Employee for US based company since last 3 months. My L2 visa,EAD and I-94 validity is same upto Feb 2015 .

Now I have the following quick Q' s -

Q1. My employer is ready to process my(m on l2 visa) GC.But - given the time lines that we can stay here max till 2015- Feb, can GC be done within that period OR we could be in a stage where we can stay back and work even if visa gets expired.

Q2 : It is kind of related question, How much time it takes to reach a stage where your stay is extended if your GC is under processing?

Q3. Any other faster way of GC processing like EB1 .... / Any other chances of getting it done within our staying period here ? ... Any chance of avoiding Labor clearance ?

Q4 : If i get an extended stay during my gc processing,will my spouse also be eligible for the same?

Q4. If we leave US before Feb 2015, will GC process be canceled automatically ?
Any impact on my principal L1 - Blanket visa ?

I shall be thankful for any help on above questions.

Thanks !