Green Card without a valid Visa

[dheerajnagpal]

Hi All,

I came to US on L1 but my visa expired in Sep 2011. I am able to stay due to a valid I-94 that is valid till 2014. The question that I have is

1. Can I File for a green card without a visa and with just a valid I-94
2. Is it possible that I file for a GC, then next year, got to India and get a new visa and come back?

Your help is appreciated.

Regards
Dheeraj

[mickey_mouse]

Hi All,

I came to US on L1 but my visa expired in Sep 2011. I am able to stay due to a valid I-94 that is valid till 2014. The question that I have is

1. Can I File for a green card without a visa and with just a valid I-94

Yes

2. Is it possible that I file for a GC, then next year, got to India and get a new visa and come back?

Depends. If you file on EB1, you may have your GC before going to India. If you file on EB2, and apply for both EAD, AP and GC at the same time, and you get your AP approved - you won't need a new visa, but you can leave and come back with the AP.

But if you leave before your GC, or at least, AP is approved - then yes, you will need a new visa. But you will need to apply for an extension, and that extension should be approved, and you would need to get your visa stamped in India. And because we don't know how long you've been in the US in L1, you may not even be eligible for an extension.

So - lots depends on your current situation, what your plans are wrt GC, your category, etc.

[dheerajnagpal]

Hi Mickey,

Thanks, I realize that I should have elaborated more.

I can file for a green card but it will go in processing only in a month or two.
I am eligible for EB1 but for that, I will have to file GC before May next year. I had a baby last month and hence want to take him to India to visit the family. Hence ideally, I would like to travel sometime in Jan-Feb. The possibilities are as follows:

1. I File for GC, go to India, get a new Visa and come back. If that is not going to create an issue with the Green Card process, I would prefer this.
2. File for GC, wait till I get AP and then travel. Not sure how much time it may take. Also, since my company will file, they will have their own time for processing.
3. File for GC after I come back. Where I do run a risk that It shouldn't be too late but is the worst case scenario.

Which do you think is the best possibility

Regards
D

[DMX17]

If I were you, I would apply right now (or at the earliest). It is possible you will get GC before Jan-Feb. If not, travel on AP.

[hireitpeople]

Hi Mickey,

Thanks, I realize that I should have elaborated more.

I can file for a green card but it will go in processing only in a month or two.
I am eligible for EB1 but for that, I will have to file GC before May next year. I had a baby last month and hence want to take him to India to visit the family. Hence ideally, I would like to travel sometime in Jan-Feb. The possibilities are as follows:

1. I File for GC, go to India, get a new Visa and come back. If that is not going to create an issue with the Green Card process, I would prefer this.
2. File for GC, wait till I get AP and then travel. Not sure how much time it may take. Also, since my company will file, they will have their own time for processing.
3. File for GC after I come back. Where I do run a risk that It shouldn't be too late but is the worst case scenario.

Which do you think is the best possibility

Regards
D

1. Can I File for a green card without a visa and with just a valid I-94

Yes, you have a valid I-94 and you are legal here, a visa is required for travel.

2. Is it possible that I file for a GC, then next year, got to India and get a new visa and come back

Yes



Not a legal advice

[mickey_mouse]

Hi Mickey,

Thanks, I realize that I should have elaborated more.

I can file for a green card but it will go in processing only in a month or two.
I am eligible for EB1 but for that, I will have to file GC before May next year. I had a baby last month and hence want to take him to India to visit the family. Hence ideally, I would like to travel sometime in Jan-Feb. The possibilities are as follows:

1. I File for GC, go to India, get a new Visa and come back. If that is not going to create an issue with the Green Card process, I would prefer this.
2. File for GC, wait till I get AP and then travel. Not sure how much time it may take. Also, since my company will file, they will have their own time for processing.
3. File for GC after I come back. Where I do run a risk that It shouldn't be too late but is the worst case scenario.

Which do you think is the best possibility

Regards
D

1. The assumption here is that you can get a new visa in your passport. If your visa expired, have you applied for an extension ? Will your passport be valid up to the time when you return to the US? And there's always the issue of people in India getting refused/going for additional processing.
2. This is the alternative that IMHO is the most safe - you get your AP, travel to India, come back using your AP. Skip the trouble of visa interview, stamping, risk of administrative processing. AP generally takes a couple months/three months after submitting I485
3. As someone else pointed out, that would be the least desirable situation. EB1 has shown C for some time now - I don't think I remember the last time it was U or retrogressed for India, so you don't run into that risk - or is a low risk. But in any case, the sooner you start the process the better

As usual, not legal advice - up to you. You're trading risk for time - option 1 is riskier, but doesn't require you to wait for the AP. Option 2 is safer, but it means you'll have to wait at least five months (and maybe more) to travel.