L1 B to Green Card application - Job Change

[enggutd203]

Ok, my case is a bit complicated. Here are the details.

Company A has India and US locations. I work for the India Co. and am in US on L1B. Company A US branch (who is the L1B sponsoree) wants to keep me permanently, so their plan is to apply for green card, accept position here and then have me resign from India office. Here are my questions:

1) Is the above process possible?
2) I have bachelor's with 3 years of Work ex - will I be under EB2 or EB3?
3) How long do i have to wait for EB2/3 to realize as an Indian?
4) If it is not possible to go via this route, is there any other way Company A can retain me in US?

You help is much appreciated.

Thanks

[raghvi]

Ok, my case is a bit complicated. Here are the details.

Company A has India and US locations. I work for the India Co. and am in US on L1B. Company A US branch (who is the L1B sponsoree) wants to keep me permanently, so their plan is to apply for green card, accept position here and then have me resign from India office. Here are my questions:

1) Is the above process possible?
2) I have bachelor's with 3 years of Work ex - will I be under EB2 or EB3?
3) How long do i have to wait for EB2/3 to realize as an Indian?
4) If it is not possible to go via this route, is there any other way Company A can retain me in US?

You help is much appreciated.

Thanks

How long have you been in US on L1B?
1. On what visa are you going to stay while in US whiel the GC process goes on for 8-12 Years? I think you can continue to stay till current L1 expiry, but after that you would eventually have to move on to H1.
2. Very difficult to say , it depends upon the nature of job. Most probably EB3
3. 8-12 Years.
4. Why not ask company A to process H1 in April 2014? and if approved, move to Company A's payroll from H1 start date? If they are eager to keep you permanently they anyhow have to move you on to H1.

This is my opinion not legal advice.

[enggutd203]

How long have you been in US on L1B?
1. On what visa are you going to stay while in US whiel the GC process goes on for 8-12 Years? I think you can continue to stay till current L1 expiry, but after that you would eventually have to move on to H1.
2. Very difficult to say , it depends upon the nature of job. Most probably EB3
3. 8-12 Years.
4. Why not ask company A to process H1 in April 2014? and if approved, move to Company A's payroll from H1 start date? If they are eager to keep you permanently they anyhow have to move you on to H1.

This is my opinion not legal advice.

Thanks for the help.

1) My L1 just started, so i have 3 years on that. But you're saying that even if the GC is in process and the L1 expires i have to leave/extend?

2) I thought if the GC is in process you can stay and work in the US. Is this incorrect?

3) Also if I resign from the India Co., will my L1 become void?

[raghvi]

Thanks for the help.

My L1 just started, so i have 3 years on that. But you're saying that even if the GC is in process and the L1 expires i have to leave/extend?

I thought if the GC is in process you can stay and work in the US..

Even if GC is in process one needs to maintain valid status till GC is received so , yes, unless you have a valid visa/status merely having a GC processing going on will not allow you to stay and work in US.

This is my opinion not legal advice.

[enggutd203]

Even if GC is in process one needs to maintain valid status till GC is received so , yes, unless you have a valid visa/status merely having a GC processing going on will not allow you to stay and work in US.

This is my opinion not legal advice.

Ok, thanks.

Last question, based on the scenario below, will my L1 become void if i resign from the India co. ?

[raghvi]

Ok, thanks.

Last question, based on the scenario below, will my L1 become void if i resign from the India co. ?

I dont think so.It surprises me that your Indian company and their US counterparts aren't working on this together.

This is my opinion not legal advice.

[enggutd203]

I dont think so.It surprises me that your Indian company and their US counterparts aren't working on this together.

This is my opinion not legal advice.

Yeah I know, go figure

Anyway, thank you so much for all your help.

[prashna_79]

L1B to Green Card

Please read through and provide suggestion for the below case
Entry into US on L1B - Jan' 2011
Left US - Mar' 2012

Fresh or New L1B and Entry into US again - Aug'12
New L1B valid till Apr'15

Performed Mangerial role for the same Company outisde USA in India in 2009 and 2010.

Can I apply for GC in EB1 category or EB2 category is more suitable. While the same employer applies GC for me, can I travel to India or do I need to apply for extension of my visa. what is the best possible solution in this regard.

thanks