Is it good to be in L1?

[Pgb]

Hi,

I'm holding an L1B Visa which I got in March '06. I came to US in July '06 and now my Visa expires by Jan 25 '09. I know that I could get an extension for another 2 years, which will be like Jan 2011. By that time if I could get a promotion as a manager I could convert my L1 status to L1 A, which could increase my extension for 2 more years. But this is all dependent on promotions. I recently initiated by Green card process for which I got the labor cleared In April. I'm due in applying for the I-140.

I'm having long term plans to stay in US for more than 7 - 8 years, but because of the Visa status I'm in, I could not stay more than 3 years from now with the current visa status or 5 years maximum if I could get my visa status changed from L1B to L1A. I could stay more years if at all I could get my GC but the chances are very minimal. More likely with the current situation, I will not be able to stay not more than 3 years, though my GC may be waiting for I-485 at that time (which is 3 years from now).

Can you suggest me any way which would increase by chances to stay here? Like speed up the GC and apply it through premium? Or try for H1 from now on...so if I could get selected, I can be on H1B?

Please let me know.

Thanks.

[DMX17]

The H1B option is available for all qualified individuals. There are extensions possible for H1 based on your Labor Ceritication/I-140 Approval till you get your GC. The H1 option is better in this regard among other things. L1 + H1 time = 6 yrs.

An L1A, multinational executive/manager, holder may qualify for an EB-1C Green Card which may be faster.

But, my questions is: did you work in a multinational executive/manager capacity for the same employer (or affiliate or other qualifying entity) abroad for one year in the last three years?

This option may/may not work depending whether you qualify or your employer agrees that you qualify for an EB-1C GC. Read about L1A/EB-1C and find out yourself.

[Pgb]

I did not work as a manager, I'm still a programmer.

But is there any possibility for extensions on L1 where I have the I-140 cleared?

Please let me know.

Regards.

[DMX17]

I did not work as a manager, I'm still a programmer.

But is there any possibility for extensions on L1 where I have the I-140 cleared?

.

No.

[Pgb]

Thanks for your reply.

What happens to my Green card application when I have to move back because of L1 visa expiry?

My Green Card may be I-140 cleared or I-485 cleared.

Regards.

[txh1b]

If your 485 is cleared, then you have a green card. So nothing happens. If your employer still wants to employ you permanently after you get the GC, the I140 can be applied as Consular Processing or you can change to CP after the fact by filing I824(I guess), wait for the PD to become current in the home country and go for immigrant visa interview, get the GC.

[DMX17]

The GC process can continue with you outside the U.S, of course with your employer's co-operation given that they want to hire you permanently.

What's your PD? Country of Birth? EB Category?

[txh1b]

If it is AOS, you have to keep coming to the US for finger prints, AP filing/stay till it is approved, travel before it expires etc. If you/your employer is ready to bear these expenses for the entire family to travel back and forth, cost of stay till AP gets approved in the US every year, you are good to go with AOS.

[Pgb]

My 485 is not filed yet, I'm still yet to go with I-140. Once I'm done this year with I-140 hopefully, I need to wait for the PD to be current. As I'm in EB3, now I see that it is Nov 2001 for India.

When I'm waiting to apply for my I-485 and I get a chance to convert my visa status to H1-B (if I get selected in lucky draw), would that affect my GC process? Do I need to start over again if I change my employer?

Regards

[txh1b]

You looked at the wrong bulletin. Latest bulletin has U-Unavailable for EB3. That means the wait time could be 1/0 ----> Infinity for the PD to be current.

[DMX17]

My 485 is not filed yet, I'm still yet to go with I-140. Once I'm done this year with I-140 hopefully, I need to wait for the PD to be current. As I'm in EB3, now I see that it is Nov 2001 for India.

When I'm waiting to apply for my I-485 and I get a chance to convert my visa status to H1-B (if I get selected in lucky draw), would that affect my GC process? Do I need to start over again if I change my employer?

Regards

It would actually help if you have an H-1B if prospects of an L1A are close to none.

If you change employer before filing I-485 + 180 days, your new employer will need to start all over. You may be able to retain the old PD, though.