L1 A to EB2 (India)

[NRIBride]

Hello Everyone,

We came to US in December and now it is time for my husband's company to file for GC for us. They will not apply in EB1 because as per company policy they will only file for EB1 for Director level and above. Since my husband does not qualify for that, they have offered to file it in EB2. I have a few questions, if someone can please throw some light.... Children's education and career are dependent on our decision, hence really looking at all kinds of advice that we can get to help us make a decision. We will be contacting an immigration lawyer if we still have queries but looking for some real experiences here.

1. Can we apply for EB1 on our own?
2. What is the time line and process for EB2?
3. Do we have to go to India after our visa expires and our EB2 does not come through?
4. Any other advice you can offer....

Thank you,
NRIBride

[raghvi]

Hello Everyone,

We came to US in December and now it is time for my husband's company to file for GC for us. They will not apply in EB1 because as per company policy they will only file for EB1 for Director level and above. Since my husband does not qualify for that, they have offered to file it in EB2. I have a few questions, if someone can please throw some light.... Children's education and career are dependent on our decision, hence really looking at all kinds of advice that we can get to help us make a decision. We will be contacting an immigration lawyer if we still have queries but looking for some real experiences here.

1. Can we apply for EB1 on our own?
2. What is the time line and process for EB2?
3. Do we have to go to India after our visa expires and our EB2 does not come through?
4. Any other advice you can offer....

Thank you,
NRIBride

1. Yes, but there are certain requirements for doing so. Generally related to exceptional ability. Individuals of extraordinary ability are considered to be the best of the best in their field and it is an eligibility category that applies to very few individuals. http://www.uscis.govhttps://www.immi...-self-petition
2. For Indian born filing under EB2 you are looking at 6+ Years as per current timelines.
3. Yes you would have to leave if L1 I94 expires or the maxout of L1(7 Years for L1A) has happened . H1 can be extended based upon the stage the GC is in.
4. L1A can at max be extended till 7 Years. Also, generally they give L1 for 3 Years after that one has to go through an extension process to extend by another 2 Years. So in order for L1A to get 7 Years, it may require two extension filing. So it seems very highly likely that your GC wait period would outlive the L1 stay. In order to continue to stay in US and work beyond the L1 visa max out/extensions, while waiting for your GC, most folks eventually need to move to H1. Remember, L1 cannot be extended beyond their time based on a pending GC, but an H1 can be, even if you have spent 6 Years in US.

This is my opinion not legal advice.

[bmr10]

For your 3rd question, if you don't get your GC within 7 years of L1A completion, you can get converted to H1 from L1A under non-cap if I-140 is approved by that time
and the employer is eligible for applying H-1 under non-cap.

This is not a legal advice.