Status of L1/L2 after obtaining Labour Certification/I-140

[catchvk]

Hi Everyone,

I've been working with Company A for the last 4.5 years & I've been in the US since April 2012 on an L1-B Visa. My wife is here on an L2 Visa (with an EAD) since April 2012 too. She has been working with a US based company since June 2013. Our L1/L2 expires on Feb 2017. Now, my company is initiating the GC process for me & are on the process of filing my Labor via the PERM process.

My question is, after my Labour certification is approved & I140 is filed, will my wife's L2 visa (and EAD) be still valid till we max out on our L1/L2 visas? My Company might file a H1-B for me in 2016/2017 as my L1-B expires on Feb 2017. Till my H1 is filed, would me & my wife still remain on L1/L2 or would our status change in anyway because of our labour/I140 process? If our status does get changed (and my wife looses her L2 EAD status), what does she need to do to continue to be working legally? Pls throw some light on this! Thanks in advance!

[raghvi]

Hi Everyone,

I've been working with Company A for the last 4.5 years & I've been in the US since April 2012 on an L1-B Visa. My wife is here on an L2 Visa (with an EAD) since April 2012 too. She has been working with a US based company since June 2013. Our L1/L2 expires on Feb 2017. Now, my company is initiating the GC process for me & are on the process of filing my Labor via the PERM process.

My question is, after my Labour certification is approved & I140 is filed, will my wife's L2 visa (and EAD) be still valid till we max out on our L1/L2 visas? My Company might file a H1-B for me in 2016/2017 as my L1-B expires on Feb 2017. Till my H1 is filed, would me & my wife still remain on L1/L2 or would our status change in anyway because of our labour/I140 process? If our status does get changed (and my wife looses her L2 EAD status), what does she need to do to continue to be working legally? Pls throw some light on this! Thanks in advance!

Is it EB1/EB2/EB3?

L1/H1/GC are different processes and do not overlap with each other. Till you stay on L1 your spouse can stay on L2 and EAD (L1 Maxes out at 5 Years). Once you move to H1 she cannot continue to be on L2 and has to move to H4 and cannot work (as per current rules). There are talks of H4 being allowed to work if I140 is approved , but that is still in plan and the guidelines and conditions are not yet decided.

If it is EB2/EB3 you are looking at 6-10 Years to get a GC.

This is my opinion not legal advice.

[catchvk]

Status of L1/L2 after obtaining Labour Certification/I-140

@Raghvi, thank you so much for the reply! Yes, they're processing in EB2. So my understanding from your above comments is that even if my labour/I-140 is approved (say, next year) my L1/L2 status will still be intact till the max out (which is Feb 2017). My wife's L2 status will only expire when I apply for H1 after my L1 max out, irrespective of my GC status. Correct?

[raghvi]

Yes. Considering the lottery situation for last 2 Years would suggest you file H1 in 2015 itself.

This is my opinion not legal advice.