L2 EAD to Green Card

[venkatbollu]

Hi,

My Spouse's Visa is valid till June 2019 and mine is till Aug 2021. Thats surprising but thats how I got that. But as per my understanding it is only valid with L1's extension. Me on L2 EAD and working for an MNC in USA, Initially thought of applying for H1B but later found I can directly apply for GC with valid L2 EAD. I hold a 4 year bachelor's Degree from India with over 14 years of experience in the same technology. So I can claim it as a Technology specialist too. My current Designation is Technical Lead.

1) I want to check if I am directly eligible for I140 or have to apply for PERM first.

2) Whether Applying the Premium Processing is better or regular?

Thanks
Venkat

[inadmissible]

I hold a 4 year bachelor's Degree from India with over 14 years of experience in the same technology. So I can claim it as a Technology specialist too. My current Designation is Technical Lead. I want to check if I am directly eligible for I140 or have to apply for PERM first.

Your employer will have to go through PERM, and you'll have to wait in your EB queue. However, you'll probably end up becoming a permanent resident sooner as the derivative of your spouse's employer's future EB-1C petition (that queue has no wait time)

[scientist2016]

Hi,

My Spouse's Visa is valid till June 2019 and mine is till Aug 2021. Thats surprising but thats how I got that. But as per my understanding it is only valid with L1's extension. Me on L2 EAD and working for an MNC in USA, Initially thought of applying for H1B but later found I can directly apply for GC with valid L2 EAD. I hold a 4 year bachelor's Degree from India with over 14 years of experience in the same technology. So I can claim it as a Technology specialist too. My current Designation is Technical Lead.

1) I want to check if I am directly eligible for I140 or have to apply for PERM first.

2) Whether Applying the Premium Processing is better or regular?

Thanks
Venkat

Your current visa status has got nothing to do with your eligibility to filing a green card by your employer. Whether your employer has to go through the perm process or not depends on the category they are filing for your GC. If it is EB2 or EB3 the answer is yes. If it is EB1 the employer does not need to go through the perm process. Given the information you mentioned, you do not seem to be eligible for EB1. So you will have to go through the perm process.

[venkatbollu]

Thank you scientist2016 and inadmissible for the response.

@inadmissible, I am not clear on what you said here, could you please hare more focus on the below statement and any links to refer this? My spouse is on L1B not L1A and not sure how her employer can apply for EB-1. And some update now from her employer is they may file the GC as well so do you think, with 2 applications from different employers can change the priority?

However, you'll probably end up becoming a permanent resident sooner as the derivative of your spouse's employer's future EB-1C petition (that queue has no wait time)

[inadmissible]

That was my mistake for assuming your spouse held a L-1A instead of a L-1B. You're right, her employer can't file EB-1C for her

Out of curiosity, which country is your spouse from? You can skip the queue for Indians to adjust on EB-2/EB-3 if your spouse is from some country other than India/China

[venkatbollu]

Out of curiosity, which country is your spouse from? You can skip the queue for Indians to adjust on EB-2/EB-3 if your spouse is from some country other than India/China

Apologies for delay in reply. I understand the your question here. We are from India and we have to be in the queue as per my understanding. Please correct me if I am wrong.