L2 to EB3 Advice

[tarun_5551]

Hello,
I am very new to this forum and seeking some advice from forum legends. I will be coming to US on L1B blanket visa and my spouse will be on L2 visa. My question is related for her.
She is a nurse and nurse are eligible for EB3 green card. If she found an employer who processed her green card then can we stay in USA ? what will happen when my L1B and her L2 visa expires ?
I want to know what is the process and requirement to stay in USA. I know due to backlog etc green card can take over 10 years but are we eligible to stay in US during that time.

[Libra_14]

If she found an employer who processed her green card then can we stay in USA ?

Once your Green card petition is approved, yes you can stay in USA. The application in process won't allow you to stay.

what will happen when my L1B and her L2 visa expires ?

You can renew your L1B or return back to your home country.

I want to know what is the process and requirement to stay in USA. I know due to backlog etc green card can take over 10 years but are we eligible to stay in US during that time.

You need to keep your L1B visa current at all time to stay in USA.

[tarun_5551]

Once your Green card petition is approved, yes you can stay in USA. The application in process won't allow you to stay.


You can renew your L1B or return back to your home country.


You need to keep your L1B visa current at all time to stay in USA.

Hello thanks for your quick reply. I read that green card petitions will only be approved based on priority dates so in my case it will not get approved for 10-12 years. is that right understanding ?

As you know know that no visa will allow you to stay 10-12 years then it is not possible to get green card. Will my application still be considered for green card if i have returned back to India ?

[Libra_14]

I read that green card petitions will only be approved based on priority dates so in my case it will not get approved for 10-12 years. is that right understanding ?


That is correct.

As you know know that no visa will allow you to stay 10-12 years then it is not possible to get green card. Will my application still be considered for green card if i have returned back to India ?

Visa is only for entry into the USA. Once you are in USA, visa is of no use.

Your return date is defined by I94 - which you can renew while staying inside USA, no need to go out.

So technically, if you stay inside USA for 10-12 years, you can get the green card.

Or else if you want to go out, you'll need a valid visa to re-enter.

[tarun_5551]

I read that green card petitions will only be approved based on priority dates so in my case it will not get approved for 10-12 years. is that right understanding ?


That is correct.

As you know know that no visa will allow you to stay 10-12 years then it is not possible to get green card. Will my application still be considered for green card if i have returned back to India ?

Visa is only for entry into the USA. Once you are in USA, visa is of no use.

Your return date is defined by I94 - which you can renew while staying inside USA, no need to go out.

So technically, if you stay inside USA for 10-12 years, you can get the green card.

Or else if you want to go out, you'll need a valid visa to re-enter.

Thanks for your reply again.

Can you clarify this please ``Visa is only for entry into the USA. Once you are in USA, visa is of no use''
But one still need work permit. I may be using wrong word to call it a visa. I am not asking hear to come in and hide somewhere for 10 years and asking for green card.
I am asking about the legal ways. What one need to stay legally during the time of green card waiting ?
If a person can't go out during these years is a big problem. It is like to be in a prison and you can't visit your families in your home country.

[Libra_14]

Can you clarify this please ``Visa is only for entry into the USA. Once you are in USA, visa is of no use''

A valid visa is only required upon landing in USA - you can enter on a valid visa (expiring in next week) & continue to stay if your I94 is allowing.

But one still need work permit. I may be using wrong word to call it a visa. I am not asking hear to come in and hide somewhere for 10 years and asking for green card.

Work permit in USA is called petition (I797). Petition is different then visa.

I am asking about the legal ways. What one need to stay legally during the time of green card waiting ?

I too told you the legal way only - no need to hide. You just need an approved petition to continue staying & working legally, once you are "in" USA.

If a person can't go out during these years is a big problem. It is like to be in a prison and you can't visit your families in your home country.

If you need to go out, then you'll need a valid visa to come back - you can use your existing valid visa or get a new one in your home country & come back.

Hope this will help.