L1B to GC in which category

[prashna_79]

hi,

My L1B visa is expiring on 31st of March'2015. My compnay is planning to apply for GC in the EB2 category. The company is no more doing L1B extension due to higher rejection rate.
My question is
1. if my company applies GC in EB2 category, with my visa expiring in Mar'15, can I have the probability to continue to stay in the US beyond Mar'15?
2. If EB2- GC is not an option to continue staying the US, what are the other options
a. L1B to L1A conversion - which seems ruled out due to company policy.
b. GC in EB1 category - is it too late to apply for GC in EB1 category as well?

Appreciate your help.

thanks.

[raghvi]

hi,

My L1B visa is expiring on 31st of March'2015. My compnay is planning to apply for GC in the EB2 category. The company is no more doing L1B extension due to higher rejection rate.
My question is
1. if my company applies GC in EB2 category, with my visa expiring in Mar'15, can I have the probability to continue to stay in the US beyond Mar'15?
2. If EB2- GC is not an option to continue staying the US, what are the other options
a. L1B to L1A conversion - which seems ruled out due to company policy.
b. GC in EB1 category - is it too late to apply for GC in EB1 category as well?

Appreciate your help.

thanks.

If your I-94 also expiring on March 31-2015 then :
1. No you cannot stay beyond March 2015 without filing L1B extension or L1B to L1A conversion. Merely filing GC does not allow one to stay, you need to maintain valid visa and status.
2. Not many options. GC in EB2 for India is current for May 2009, that means those who applied in 2009 are getting it now. In most likelihood EB2 priority would go back to 2005-2006. So basically you are looking at a wait time of 6-10 Years to get your Green Card, during these 6-10 Years you need a valid visa to stay, and work in US.

Options :

1. L1B extension if time is still remaining, remember L1B can be used for 5 Years, so if your 3 Year is completing in March 2015 and extension can be filed and if approved you can stay. But as you said company policy is stopping L1B extension, well you cant change company policy, if you are super critical to the company they may tweak their policies.
2. L1 B to L1A. If you have performed managerial duties or been recently promoted then L1B to L1A is an option. Again L1B + L1A can be for max 7 (3+2+2)Years. But L1A gives you an edge that you become eligible to apply Eb1C if you performed managerial duties earlier outside US.
3. You should have filed H1 in April 2014. And if lucky you could have moved to H1 in Oct 2014, or at least had an H1 to move to once L1 expires and things would have been lot smoother.

Since you did not file H1 in April 2014, and neither L1B extension nor L1A conversion is possible then am afraid you would have to leave upon your current I-94 expiry.

Once outside US, you have the option of going for L1B stamping again, L1A if eligible, OR wait till April 2015 to apply in fresh H1 and start on that H1 from Oct 2015.

This is my opinion not legal advice.

[prashna_79]

Thanks for the quick response.

Will GC in EB1 category help, if my company decides to do so. Since with EB1 categoy, I can get the GC in 3-4 months time.
Note: L1B visa expiry in Mar'2015 , company decides to apply GC in EB1 category in Oct'2014.

[raghvi]

Thanks for the quick response.

Will GC in EB1 category help, if my company decides to do so. Since with EB1 categoy, I can get the GC in 3-4 months time.
Note: L1B visa expiry in Mar'2015 , company decides to apply GC in EB1 category in Oct'2014.

EB1C? Have you worked as a Multi National Manager for at least 1 Year outside US? Does he role you are currently playing justifies a Mufti Level Manager position? If yes, you may qualify.

Without an L1A under your belt getting a EB1C could be quite difficult, 3-4 Months is too short to get an approval even under EB1C. But if your company and their attorney feels that you have a good case for a Eb1C, then yes EB1C would be the fastest way to get a Green Card and to avoid a long stay outside US.

But do remember even with a EB1C pending, you cannot stay in US beyond your I-94 expiry.

This is my opinion not legal advice.

[prashna_79]

Thanks for the response.
Below were your questions:
EB1C? Yes
Have you worked as a Multi National Manager for at least 1 Year outside US? Yes and I hope multi national manager means managing team acroos different countires from India
Does he role you are currently playing justifies a Mufti Level Manager position? If yes, you may qualify. YEs

With all these if the company decides, will 6 months be enough to get a GC in EB1C category? or this varies from case to case.
note: I'm on L1B

Appreciate your response.

[raghvi]

Too close but I will not say its impossible.

This is my opinion not legal advice.