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I am currently on an L1A visa since Aug 2008.
My L1A visa is valid till 1st Aug 2011.
My spouse and daughter are on L2 visa
My spouse has an EAD and is working – has a permanent job
My employer filed for my greencard in july 2010 under EB1 category.
We have got our finger printing done, received the advance parole, and the EAD
We received an RFE for I140 in jan2011 for ability to pay.
In the mean time my employer approached the lawyers for renewal of L1.
Due to some reasons my L1 renewal filing got delayed.
In the mean time we received a call from D&B (VIBE) in March 2011 verifing details about the company turnover , number of employees etc.
My employer has a registered office on Atlanta , I work out of home and travel to client locations .
In May we again received an RFE on I140 for establishing the details of the staff we have in US and the ability to pay etc.
The lawyer is working on the RFE for I140
For my L1 A renewal he has suggested a premium process – which my employer is ok with.
My lawyer now after getting the RFE on I140 is suggesting that we should not apply for L1A renewal since there are chances it can get denied since he cannot establish that I am working in managerial capacity without have significant number employees under me in light of similar RFE received on I140.
He has suggested filing L1B for me.
Our lawyer is going to submit the reply for RFE in second week of june2011. we assume that we will get an update on the same from USCIS in 60 days time
Some other details:
I have a bachelors degree
Our I94 are valid till Aug 2011.
My spouse has an EAD off the I765 refilled with the greencard which is good for next 2 years (earlier he had an EAD based on L2)
My employer fired one employee we have last year. We have just one contractor working under me.
Our US office is a completely owned subsidiary of our company abroad.
Our parent company has been in existence since more than 15 yrs and US company since about 5 yrs.
My company did not do well in last year due to recession but this year is looking good. We are planning to hire a couple of people in US this year end .
My questions:
1. What are the chances of my L1A getting renewed?
2. Should we file for L1A or L1B?
3. Can we apply for my spouse’s L2 renewal at the same time when we apply for my L1 renewal or do we have to wait for L1 renewal and then apply for the L2 renewal?
4. If we apply for L1b – how will it affect our greencard which is filed under EB1? Will it get transferred to EB2 ? Will we have to go thru the labor /perm process?
5. Since I have a bachelors degree will our green card be transferred to EB3 instead of EB1?
6. My spouse’s employer has agreed to file an H1b . Is it is a good approach to do so?
7. In the scenario that our L1 (A or B) is denied will it affect our greencard ? in such a case how long can we continue to stay in the country? How long can my spouse work on the EAD ?
8. In case my spouse’s employers files for H1b – and in the scenario that our L1 (A or B) is denied , can my spouse legally work till Oct 2011 till we know about the H1b?
9. In case L1 renewal is denied (worst case) do we get any grace period of 180 days to stay in the country?
10. What is the best approach that we should take under the current scenario?
My L1A visa is valid till 1st Aug 2011.
My spouse and daughter are on L2 visa
My spouse has an EAD and is working – has a permanent job
My employer filed for my greencard in july 2010 under EB1 category.
We have got our finger printing done, received the advance parole, and the EAD
We received an RFE for I140 in jan2011 for ability to pay.
In the mean time my employer approached the lawyers for renewal of L1.
Due to some reasons my L1 renewal filing got delayed.
In the mean time we received a call from D&B (VIBE) in March 2011 verifing details about the company turnover , number of employees etc.
My employer has a registered office on Atlanta , I work out of home and travel to client locations .
In May we again received an RFE on I140 for establishing the details of the staff we have in US and the ability to pay etc.
The lawyer is working on the RFE for I140
For my L1 A renewal he has suggested a premium process – which my employer is ok with.
My lawyer now after getting the RFE on I140 is suggesting that we should not apply for L1A renewal since there are chances it can get denied since he cannot establish that I am working in managerial capacity without have significant number employees under me in light of similar RFE received on I140.
He has suggested filing L1B for me.
Our lawyer is going to submit the reply for RFE in second week of june2011. we assume that we will get an update on the same from USCIS in 60 days time
Some other details:
I have a bachelors degree
Our I94 are valid till Aug 2011.
My spouse has an EAD off the I765 refilled with the greencard which is good for next 2 years (earlier he had an EAD based on L2)
My employer fired one employee we have last year. We have just one contractor working under me.
Our US office is a completely owned subsidiary of our company abroad.
Our parent company has been in existence since more than 15 yrs and US company since about 5 yrs.
My company did not do well in last year due to recession but this year is looking good. We are planning to hire a couple of people in US this year end .
My questions:
1. What are the chances of my L1A getting renewed?
2. Should we file for L1A or L1B?
3. Can we apply for my spouse’s L2 renewal at the same time when we apply for my L1 renewal or do we have to wait for L1 renewal and then apply for the L2 renewal?
4. If we apply for L1b – how will it affect our greencard which is filed under EB1? Will it get transferred to EB2 ? Will we have to go thru the labor /perm process?
5. Since I have a bachelors degree will our green card be transferred to EB3 instead of EB1?
6. My spouse’s employer has agreed to file an H1b . Is it is a good approach to do so?
7. In the scenario that our L1 (A or B) is denied will it affect our greencard ? in such a case how long can we continue to stay in the country? How long can my spouse work on the EAD ?
8. In case my spouse’s employers files for H1b – and in the scenario that our L1 (A or B) is denied , can my spouse legally work till Oct 2011 till we know about the H1b?
9. In case L1 renewal is denied (worst case) do we get any grace period of 180 days to stay in the country?
10. What is the best approach that we should take under the current scenario?
