Green Card Options for L1A or Options to Stay in US

[saivinaykvp]

Hello, I am currently in L1A and having Visa till Aug 2022. Can I know what are the options available to process Green Card for my Visa. My employer is not ready to do EB1. Can EB2 or EB3 be options or I need to get H1B next year(2022). Already tried H1B for 4 times and didn't picked. Below are the no of years stay info in US. This is my 6th Year. With L1 status we can't stay more than 7 years, looking for suggestions or Options to stay in US.

L1B : 5 Years Completed.
L1A : From Aug 2020 To Aug 2022.

[Libra_14]

Seems like you are almost completing your 6th year in USA.

So for now, H1B is not for you anymore, you can stay more more year (till Aug2022) & have to leave USA for an year, to be able to return back on new H1 or L1.

EB1C is the best option right now, as the dates are current for most of the countries. With EB2/EB3 you'll most probably have to leave USA for an year.

[saivinaykvp]

Thanks Libra. Currently my Employer stopped doing EB1C as they fear resources are moving out once GC is approved. ???? So if EB2/EB3 is initiated then I hope still it need PERM, followed by I140 and then I485( One by One), Just like H1B. Can you advise on below.

1. Can i know roughly how long will take, having L1A under category EB2/EB3, PERM approval and I140 approval. Any possibility to come before Aug 2022 if initiated ASAP.
2. If can't make by Aug 2022 then at least GC process can initiate and I should wait till all approvals comes and go back to India if needed. Once necessary approvals came then i can come back to US again.
3. With said above point 1 and point2, still can I try H1B cap next year.

[Libra_14]

Thanks Libra. Currently my Employer stopped doing EB1C as they fear resources are moving out once GC is approved.

If they do not do GC, People will eventually have to leave USA & return to their home/work country.

So if EB2/EB3 is initiated then I hope still it need PERM, followed by I140 and then I485( One by One), Just like H1B. Can you advise on below.

That's correct.

1. Can i know roughly how long will take, having L1A under category EB2/EB3, PERM approval and I140 approval. Any possibility to come before Aug 2022 if initiated ASAP.

PERM & I140 you can assume to get approved before Aug 2022 if you start now. However once your L1 term (7 years) is over, you'll still need to leave USA & return to your home country.
Unlike on H1B visa, L1A cannot be extended with an approved I140.

2. If can't make by Aug 2022 then at least GC process can initiate and I should wait till all approvals comes and go back to India if needed. Once necessary approvals came then i can come back to US again.

GC process can run in parallel & doesn't matter if you are in USA or outside.

3. With said above point 1 and point2, still can I try H1B cap next year.

Since you completed 6 years of your stay in USA - you've to return to your home country (only exception is Eb1C - which is current right now), stay there for an year & apply for fresh L1A/H1B for another 7/6 years.