L1B to H1B for PR application

[lkospa]

Hi,

I have a L1B visa which was issued in Feb2013. My company is going to file a PR application. However since i was born in India, they mentioned that it will take 6 years. However my L1 visa expires in the next 4 years (Jan 2018) and I believe it cannot be extended after that.

My firm is suggesting that I should change to H1B. This would mean my spouse will not be able to work, which is not preferable.

My question is - Is it possible to start PR/GC application with my L1 visa and change to H1B later? After 1 year of GC application i would like to change over to H1B ( i.e.H1B 2016 deadline). Do US laws allow you to change from L1B to H1B without affecting the GC application?

Thanks

[raghvi]

Hi,

I have a L1B visa which was issued in Feb2013. My company is going to file a PR application. However since i was born in India, they mentioned that it will take 6 years. However my L1 visa expires in the next 4 years (Jan 2018) and I believe it cannot be extended after that.

My firm is suggesting that I should change to H1B. This would mean my spouse will not be able to work, which is not preferable.

My question is - Is it possible to start PR/GC application with my L1 visa and change to H1B later? After 1 year of GC application i would like to change over to H1B ( i.e.H1B 2016 deadline). Do US laws allow you to change from L1B to H1B without affecting the GC application?

Thanks

PR application based on employment can be filed under different categories, generally, EB-1, EB-2, EB-3.

For India born, EB-1 takes around a Year, EB-2, 6-8 years and EB-3, 8-12 Years. If your employer is saying 6 years I am assuming your GC will be filed as EB-2.

So to answer to your question, yes, it is possible, to start GC application while on L1 and then as you approach your L1 expiry in 2018 you can plan on moving to H1. . I dont understand what is the H1B 2016 deadline you are talking about.

One can, and many do, a change of status from L1 to H1 while in US, and as GC is for future employment, the GC application is not affected.

With h1 going to lottery for last two year, you do have to take care of the timing though, as to when H1 is applied. Thumb rule is the earlier the better for GC as well as if you are going to be here for many years the earlier the better for H1, because unless you are EB-1 category, you most likely will overshoot your l1 limitation.

Also understand, just because you apply for H1, you need not change status to H1. To take advantage you can apply H1 as consular process, and need move from L1 to H1 at a later point of time.

This is my opinion not legal advice.