Options for L1B

[samattar]

I am on L1 B with Employer A.My visa is expiring mid next year.I am not sure if my company will file my extension and even if they file visa will it gets through.
My Wife is also working on L2 EAD. Also she had H1 but she never travelled on H1.
Need advise what could be the best option for us to stay longer here and get GC filed.

[raghvi]

I am on L1 B with Employer A.My visa is expiring mid next year.I am not sure if my company will file my extension and even if they file visa will it gets through.
My Wife is also working on L2 EAD. Also she had H1 but she never travelled on H1.
Need advise what could be the best option for us to stay longer here and get GC filed.

There are various parameters and potential scenarios. Few things to do :

1. If L1 extension if indeed being filed, do ensure that the employer files L1 extension in premium category.
2. If extension is not being filed, then either you move to H1 or your spouse moves to H1 before your last day on L1. Chances of you moving is less because for you it will be fresh H1. Ask spouse to talk to employer about potentially moving to H1 rather than L2 EAD in future.
3. As for GC, you and your spouse needs to find out from respective employers as to whether the GC is being planned, if yes, under which category, if no, then probably time to find employers who will file H1 for you and file transfer for your spouse, and GC too.


This is my opinion not legal advice.

[samattar]

Options for L1B

Thanks for your response.
please clarify.
What would be the benefit to go through premium.
Is it advisable to file H1 in 2018 or 2019 for me?
If say I file H1 in 2018 thru employer B and it gets picked up in lottery and L1 also gets thru which one will be considered?


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There are various parameters and potential scenarios. Few things to do :

1. If L1 extension if indeed being filed, do ensure that the employer files L1 extension in premium category.
2. If extension is not being filed, then either you move to H1 or your spouse moves to H1 before your last day on L1. Chances of you moving is less because for you it will be fresh H1. Ask spouse to talk to employer about potentially moving to H1 rather than L2 EAD in future.
3. As for GC, you and your spouse needs to find out from respective employers as to whether the GC is being planned, if yes, under which category, if no, then probably time to find employers who will file H1 for you and file transfer for your spouse, and GC too.


This is my opinion not legal advice.

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[Libra_14]

Thanks for your response.
please clarify.
What would be the benefit to go through premium.
Is it advisable to file H1 in 2018 or 2019 for me?
If say I file H1 in 2018 thru employer B and it gets picked up in lottery and L1 also gets thru which one will be considered?


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Premium, you will get response sooner (2-4 weeks). H1 or L1 - whichever will be last will become your current status.

[samattar]

Thanks for your quick response.
Is premium processing still applicable? as heard that they stopped it.
Also Can L1B be converted to L1A directly from my employer.
I have served only 2 years on L1B here in US.

[sasvi]

I am on L1 B with Employer A.My visa is expiring mid next year.I am not sure if my company will file my extension and even if they file visa will it gets through.
My Wife is also working on L2 EAD. Also she had H1 but she never travelled on H1.
Need advise what could be the best option for us to stay longer here and get GC filed.

Having your spouse with H1 and decided to keep her on L2 EAD was not a very smart move. Now you both are connected to your company. If they decide to stop your employment, she will have to stop to. I don`t know if there is a chance for your wife to get her H1 back. So that both of you have options....but what is done, is done...

And doesn't matter if you or her...you still have to find an employer to sponsor your GC. Can be the current one, can be a new one (only for her...you are tied to your company) and so on...This is the most difficult part of employment based immigration that people don`t share.

You could also try to get the H1 knowing that chances are getting limited...but you also made a question trying to change your visa to L1A in other forum so be aware that you are trying to do something that may not be the right way and can risk any immigration status in the future. I fully understand you are looking for options but only follow the ones that you fully meet the criteria. The USCIS criteria is clear.