L1B to Green Card EAD query

[aparnagadgil]

Hi,
I am trying to understand this process. I am on an L2 EAD right now and employed too. My husband's L1 Visa Expires in July 2016. His company is filing for his GC under EB2 Category, his L1B extension.

I am very confused on the following:
1.If his GC is filed under EB2 Category, will we get a PERM/ Labor Certification first, or I-140? How long will it take to get PERM and I-140?
2.What happens to my L2 EAD when the perm/I-140 is approved?
3. If his L1 Visa get extended for 2 years, till July 2018, will his company file for H1 in 2018? If not, under what status does he work in the US? What will happen to my work status in such a case?
4. If we get the PERM and I-140 approved before 2018, and his new H1B is filled, how does that impact my EAD? In this case, if I move from L2 EAD to H4, am I authorised to work in the US, if the I-140 is approved? I understand that as per changed rules in the US, the spouses of H1B whose I-140 is approved can work in the US.

I am very confused, can someone please help me?

Thanks,
Aparna

[raghvi]

Hi,
I am trying to understand this process. I am on an L2 EAD right now and employed too. My husband's L1 Visa Expires in July 2016. His company is filing for his GC under EB2 Category, his L1B extension.

I am very confused on the following:
1.If his GC is filed under EB2 Category, will we get a PERM/ Labor Certification first, or I-140? How long will it take to get PERM and I-140?
2.What happens to my L2 EAD when the perm/I-140 is approved?
3. If his L1 Visa get extended for 2 years, till July 2018, will his company file for H1 in 2018? If not, under what status does he work in the US? What will happen to my work status in such a case?
4. If we get the PERM and I-140 approved before 2018, and his new H1B is filled, how does that impact my EAD? In this case, if I move from L2 EAD to H4, am I authorised to work in the US, if the I-140 is approved? I understand that as per changed rules in the US, the spouses of H1B whose I-140 is approved can work in the US.

I am very confused, can someone please help me?

Thanks,
Aparna

What's your spouse's country of birth? As that is what pretty much will decide how long GC will take.

This is my opinion not legal advice.

[aparnagadgil]

L1B to Green Card EAD query

His country of birth is India.

Can you help me with my query please?

[raghvi]

His country of birth is India.

Can you help me with my query please?

1.PERM/Labor Cert comes first and then the I-140. It takes typically 9-15 Months to get Labor+I140 approved, if there is no audit.

2.Your EAD remains valid as long as the validity date on it provided, you maintain valid L2 status and your spouse maintains L1 status.

3.EB2 for India can 5+ years to be eligible to file EAD and 8+ Years to get a GC. Till the time he gets his EAD he needs a valid visa to stay and work. L1B limit is 5 Years and L1A limit is 7 Years. Anything more than that he would have to move to H1, otherwise he has to leave US. Do the Math as to how much time has already been spent on L1 status and see if remainder time is enough. In most probability he has to move to H1 Also, PERM or I140 approval can only extend H1 not L1 visa. Whether or not his company will file H1 that only his company can answer.

4. You will first have to move from L2 to H4 as your spouse would move from L1 to H1, and then request for extension of EAD based on I140 approval of your spouse.


This is my opinion not legal advice.