L1B to H1B Consular Processing

[Veera25]

Hi, I am currently employed through L1B visa valid till July 2018. My spouse is working full-time in a American MNC with L2, and they have decided to file a H1B for my spouse this year. Since our visa expiring next year mid, and considering the immigration challenges this year, I thought of trying from my end. Choices up for me are L1B extension, H1B or requesting GC from my employer. I am not sure about these and getting confused at all ends.

1. If I opt for GC, if my understanding is right, from L1B only EB2 is possible and that will take more time where I cannot extend my L1B until getting to a point where I didn't need to do anymore. So I have to convert to H1B first and try GC filing. Am I correct ?

2. If I opt for H1B this year, and considering that my application picked in lottery, should my status automatically change to H1? If yes, then my spouse would lose job because of that .. Shall I file by consular processing not change of status ?

3. How abt asking for L1B extension ? Probable ?

Kindly help me decide what to do

Thanks in advance

[raghvi]

Hi, I am currently employed through L1B visa valid till July 2018. My spouse is working full-time in a American MNC with L2, and they have decided to file a H1B for my spouse this year. Since our visa expiring next year mid, and considering the immigration challenges this year, I thought of trying from my end. Choices up for me are L1B extension, H1B or requesting GC from my employer. I am not sure about these and getting confused at all ends.

1. If I opt for GC, if my understanding is right, from L1B only EB2 is possible and that will take more time where I cannot extend my L1B until getting to a point where I didn't need to do anymore. So I have to convert to H1B first and try GC filing. Am I correct ?

2. If I opt for H1B this year, and considering that my application picked in lottery, should my status automatically change to H1? If yes, then my spouse would lose job because of that .. Shall I file by consular processing not change of status ?

3. How abt asking for L1B extension ? Probable ?

Kindly help me decide what to do

Thanks in advance

1. Yes, EB2 for India born will take 8-10 Years if not more, and since L1B at max can be extended till 5 Years, , yes , one needs to move to H1 in one wants to stay in US while his/her GC is still processing.
2. If you apply H1 as COS (Change of Status) and H1 is selected and approved, then you would automatically move to H1 from 01-Oct-2017 and you must work with H1 employer from that date and and your spouse would lose L2 status. If on the other hand your H1 was filed as Consular process then you would continue to be in L1 status till you decide to move to H1 and file another COS.Challenge is not many companies would be willing to file a consular petition when you are already in US.
3. L1B extension approval would depend upon the strength of your documentation.

This is my opinion and not legal advice.