L1-L2-H1B Clarification.

[Ramesh2k]

Hi,

Need your advise below.

- I came to US in 2007 in L1B Visa for Employer A, and worked around 4 years and 7 Months. After that i got changed my status to L2 and quit the Job as well in June 2012.
- Then Applied EAD with my L2 and working for Employer B through Employer C (Consultant) from Aug 2012. The EAD is valid till 2014 june.

Here is my questions.

1. Can i file H1B Next year and how long i will get further? and can i apply GC processing so that i can stay here for long ?

2. Can i file GC without convert into H1B, i mean in L2-EAD itself?

3. If Question 2 is Yes, then can i convert after filing GC to H1B? Please suggest best approach.

4. If Employer B wants to make me permanent employee and can they sponsor H1/GC?

Thanks for your help.

[raghvi]

Hi,

Need your advise below.

- I came to US in 2007 in L1B Visa for Employer A, and worked around 4 years and 7 Months. After that i got changed my status to L2 and quit the Job as well in June 2012.
- Then Applied EAD with my L2 and working for Employer B through Employer C (Consultant) from Aug 2012. The EAD is valid till 2014 june.

Here is my questions.

1. Can i file H1B Next year and how long i will get further? and can i apply GC processing so that i can stay here for long ?

2. Can i file GC without convert into H1B, i mean in L2-EAD itself?

3. If Question 2 is Yes, then can i convert after filing GC to H1B? Please suggest best approach.

4. If Employer B wants to make me permanent employee and can they sponsor H1/GC?

Thanks for your help.

L1+H1B can be of 6 Years, if you have already spent 4 Years 7 Months in US then you can get H1 for 1 Year 5 Months or more, do the calculation and see if there are days when you were outside US while on L1 and those days can be recaptured to increase the H1 duration.

GC has to be filed by an employer. Its got nothing to do with your L2 status so irrespective whether you are on H1 or L2, GC can be filed by your employer. The time for GC processing is dependent on employment-based category and the requirement for labor certification (EB-3 vs EB-2), etc.

You would have to talk to your company lawyer for GC processing and they can surely file for you. There is a separate section for GC in Immihelp.
http://www.immihelp.com/greencard/

This is my opinion not legal advice.