options to continue to stay in US for long term - currently in L1 Blanket visa

[jankutty]

Hi,
I applied for L1 Blanket visa on March 2010 and came to US only on Aug 2010 on work assignment. Since then i have been staying in US until Feb 2013 during which my visa & I94 was going to expire when my company asked me to travel to Canada and apply for new L1 Blanket visa. I did the same and got visa and re-entered US and staying in US currently. Strangely my petition is valid until 2015, but my visa is valid until 2018. I want to continue to stay in US along with my family, and not quite sure what all options i have on hand.

As an associate who has only Bachelors Degree and NO Masters Degree/Diploma

1) can i apply for GreedCard(under EB1 with my L1B visa) so that i dont need to be worried about work visas for next 10 yrs i think, or

2) possibly extend my current L1 Blanket visa say for next 5-6 yrs (if this is even possible) or

3) do i need to be considering conversion from L1 to H1 and then apply for GC under ( EB1, EB2 ..). Applying thru EB2 isn't that a long waiting time ?? and before i even get GC, my visa might expire and i would have returned back to India.

All this is so confusing, and hope someone can help me with the best route possible.

Please advice.

[raghvi]

L1B can at max be used for 5 Years stay in US thats why maybe the petition was approved only till 2015. So even if you have visa till 2018, I wouldn't advise you to stay beyond 5 Years as its illegal to do so.

If you want to stay beyond 2015 you have multiple options.

1. Move to L1A - this will allow you to only stay for another 2 Years - This would need you to first get approval of an L1 amendment from L1B to L1A as and when you move to managerial/executive role, if not approved, then you wouldnt be able to move to L1A.
Once you move to L1A you technically can apply GC in EB1 category but then again there is lot of documentation that needs to be done in order to get GC - in EB1 category. And of course all along the current employer has to support you for that.

2. Move to H1. L1+H1 can at max be for 6 Years. But the H1 can be extended if your GC has been applied at least 365 days before your 6th Year completion. H1 would need you to file in the cap, the cap for this year is already over, the earliest you can apply in April 2015 with a start date of Oct 2015.Once cap counted, and GC applied timely one can keep extending H1 as long as employment is there and GC doesnt come through.

90% of the folks go through option 2 above. 905 belong to either EB2/Eb3 categories. L1B, L1A, H1, GC - EB1, GC-EB2 are all different things with different eligibility criteria. Would suggest you first have a discussion with your employer and associated HR and immigration team to determine whether you are eligible for L1A, H1, EB1/EB2 and do one thing at a time. Yes through EB2 one is looking at 8-10 Years GC wait. EB3- 10-12 Years.


This is my opinion not legal advice.