L1A to green card (simple case turned complicated)

[golden_eagle_007]

background
I work for a reputed a company with branches in 10 countries, I am on L1 A - manager category with direct reports both FTE and contractors. Started the journey in Jan 2017, I moved from London.

My birth country is India but I naturalized as UK citizen before moving to US under L1.

I tried to apply for my GC early, but company had advised to hold it off until 1st renewal. 1st renewal finished in Nov'2019.

My company was ok with the GC application in Mar'20.

Then things started to go really out of shape. COVID disrupted my plans significantly, lost my direct reports. Lot of company politics, lay-offs, really do not have a friendly and trustworthy circle around me at the company any more.

Slowly fought back turned things around, I got my direct reports as open positions back, but still hiring for those positions and its Jun'21 now. Once I have a head recruited under me, I think I can make my GC application in the next 2-3 months (Sept'21) (Hopeful)

In the current situation I have 2yrs and 6 months left on my L1 A. and 1yr and 6months for 6 years on L1 A


Options
1. should I move my current status from L1 A to H1 B, and apply for my GC under EB1 category?

2.Continue of L1 A, apply for GC i-140 and I-485, and if GC is not fully approved, move to H1-B in July/sept- 2022 (before 6 yrs of L1 lapses and before Oct'22)

3.Continue of L1 A, apply for GC i-140 and I-485 in 2021, and have my spouse apply for H1 B and transition myself to H4 continue to work for same employer? Is this a valid option at all, will my i-140/i-485 continue to be honored?

4.Continue of L1 A, apply for GC i-140 and I-485 in 2021, and have my spouse apply a E-2 Visa (under UK treaty) and I become dependent of E2 and continue to work for same employer? Continue of L1 A, apply for GC i-140 and I-485

Appreciate your help with this.

[Libra_14]

1. should I move my current status from L1 A to H1 B, and apply for my GC under EB1 category?

You do not need to move to H1B, you can apply for GC under EB1 right now. Dates are current as of now.

2.Continue of L1 A, apply for GC i-140 and I-485, and if GC is not fully approved, move to H1-B in July/sept- 2022 (before 6 yrs of L1 lapses and before Oct'22)

Once you apply for I485, you can legally live in USA as pending 485 status. No need to move to H1B again. To be able to continue working, you just need to extend your L1A or get EAD - which I am sure you can easily get before 7 years of your L1A.

3.Continue of L1 A, apply for GC i-140 and I-485 in 2021, and have my spouse apply for H1 B and transition myself to H4 continue to work for same employer? Is this a valid option at all, will my i-140/i-485 continue to be honored?

Again, no need of H1 at all.
But yes, each one can have their own H1 visa, so your spouse can apply for H1B, but for you to be able to work, you'll need H4-EAD, which will only be issued once your spouse 140 is approved (which will take longer than your GC)

4.Continue of L1 A, apply for GC i-140 and I-485 in 2021, and have my spouse apply a E-2 Visa (under UK treaty) and I become dependent of E2 and continue to work for same employer? Continue of L1 A, apply for GC i-140 and I-485

Again, no need.

[golden_eagle_007]

thank you!

[golden_eagle_007]

currently I am on L1 and and term runs in 24 months. My company was supposed to file for GC since dec-2019, but pandemic happened, there was a freeze on all spending GC application did not yet happen. It has been 6 months since his company has been gathering paperwork to file an application but it has not been filed yet. I dont know when the filing will occur.

do not have much confidence in that approach and I am looking to expand the odds of residency in US.

My wife is on L2 and if she move to H1b with her existing company, should I-140 did not come in time, atleast it will allow me to move as dependent of her and stay in the country.

[Libra_14]

currently I am on L1 and and term runs in 24 months. My company was supposed to file for GC since dec-2019, but pandemic happened, there was a freeze on all spending GC application did not yet happen. It has been 6 months since his company has been gathering paperwork to file an application but it has not been filed yet. I dont know when the filing will occur.

Believe me, your company & your attorney might be working on multiple applications at any point of time. It really takes that much amount of time to prepare & file these applications. You yourself would not want to hurry & file an incomplete or improper applications. Take an extra day & review all things yourself, before the attorney says he is ready to file.

do not have much confidence in that approach and I am looking to expand the odds of residency in US.

My wife is on L2 and if she move to H1b with her existing company, should I-140 did not come in time, atleast it will allow me to move as dependent of her and stay in the country.

Since the dates are current, you can file I140 & I485 concurrently. Once you file I485 you can continue to stay in USA awaiting 485 decision.

Hope this helps.