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L1B to H1B then green card or L1B directly to green card?

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  • L1B to H1B then green card or L1B directly to green card?

    1. from China, came to US on a L1B visa from Aug 2017, so means maximum 5 years, to Aug 2022; company only agree to start green card process when L1B visa is totally expired(Aug 2022), said I don't need to go to H1B and then green card, they can directly apply green card for me? it is right? also right for Chinese? many articles say L1B can only go through H1B and then Green card? so my HR is wrong?

    2. another question about cost: plan to discuss with company again, maybe they will say it's expensive for such application, so possibly I can pay for myself(for all the cost can legally paid by me), so generally how much it will cost for such application process?

    3. my wife and I work in the same company, both on L1B, probably company agree to start for one of us(not sure green card or H1B), can both of us work during this application process?

  • #2
    nobody knows?

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    • #3
      Originally posted by y2klc View Post
      1. from China, came to US on a L1B visa from Aug 2017, so means maximum 5 years, to Aug 2022; company only agree to start green card process when L1B visa is totally expired(Aug 2022), said I don't need to go to H1B and then green card, they can directly apply green card for me? it is right? also right for Chinese? many articles say L1B can only go through H1B and then Green card? so my HR is wrong?
      Assuming you are born in China. You can initiate for your GC process right now under EB2 or EB3. When to file, depends on your company's policy.
      Green card is a multi step process, first company will file PERM, followed by I140 & you finally file I485 (AOS).
      You cannot stay beyond 5 years on L1B visa. If they say they, initiate PERM "after" L1B expiry, it means you'll be gone out of USA by that time. So they need to file it before expiry.
      And for you to continue stay in USA after L1B, you'll need to file I485 before L1B expiry - which doesn't seem to be possible seeing the current rate & dates. So you've no option but to move to H1B.
      Your L1B/H1B can run in parallel to your Green card process.
      Originally posted by y2klc View Post
      2. another question about cost: plan to discuss with company again, maybe they will say it's expensive for such application, so possibly I can pay for myself(for all the cost can legally paid by me), so generally how much it will cost for such application process?
      Roughly it will be around thousand dollars for USCIS fee at various stages, the major part is the attorney fee which varies from attorney to attorney (like $1K to $10K).
      Originally posted by y2klc View Post
      3. my wife and I work in the same company, both on L1B, probably company agree to start for one of us(not sure green card or H1B), can both of us work during this application process?
      As I mentioned GC & H1/L1 is different process, you need an valid status to work. Till the time you have valid L1B or H1B you can work, after that you need EAD (issued after I140 approval) to work.
      - I am not an Attorney, hence not giving any legal advice. Just sharing MY opinion with an intent to help others.

      If my opinion helping you, then please do click "like" button below.

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