L1A to GreenCard

[chaya_13]

hey hi, i m on L1A visa from last year and my GC is filled by my employer my labour is done and now they have filled 140 ,i have my visa till next year august.some people r saying i need to do H1B in order to continue my GC process.i was staying here from last 5 years on L1B.can u tell me how i could stay here n continue my GC Process

[raghvi]

hey hi, i m on L1A visa from last year and my GC is filled by my employer my labour is done and now they have filled 140 ,i have my visa till next year august.some people r saying i need to do H1B in order to continue my GC process.i was staying here from last 5 years on L1B.can u tell me how i could stay here n continue my GC Process

What category was GC filed under? EB1/EB2/EB3 ? Also whats your country of birth?

[Libra_14]

hey hi, i m on L1A visa from last year and my GC is filled by my employer my labour is done and now they have filled 140 ,i have my visa till next year august.some people r saying i need to do H1B in order to continue my GC process.i was staying here from last 5 years on L1B.can u tell me how i could stay here n continue my GC Process

You can wait for your GC, you don't need an H1B.

[chaya_13]

You can wait for your GC, you don't need an H1B.

hey thanks for ur response buti have some confution. i have been on L1B for almost 4 years and then L1A would be for 2 years that would make it 6 years
as they say we cant stay here more than 6 years.... is that right
and L1A cant get extention but h1b can ....pls can u help me with these questions

[chaya_13]

What category was GC filed under? EB1/EB2/EB3 ? Also whats your country of birth?

hey thanks for ur response,my gc is filed under EB2 born in india

[raghvi]

hey thanks for ur response,my gc is filed under EB2 born in india

You are right, EB2 for India will take you nearly 8 Years in order for priority date to be current. L1B is for max 5 Years, and L1A is for max 7 Years. As you have already spent 5 Years in US, so eventually your L1 Status will expire before priority date becomes current. Few options, either convince your employer to file EB1, or try to move to H1 before your 7 Years completes. As H1 can be extended beyond 6 th Year, L1, cannot be.

This is my opinion not legal advice.

[Libra_14]

You are right, EB2 for India will take you nearly 8 Years in order for priority date to be current. L1B is for max 5 Years, and L1A is for max 7 Years. As you have already spent 5 Years in US, so eventually your L1 Status will expire before priority date becomes current. Few options, either convince your employer to file EB1, or try to move to H1 before your 7 Years completes. As H1 can be extended beyond 6 th Year, L1, cannot be.

This is my opinion not legal advice.

Raghavi, please clear my doubt. Once the GC application is filed under EB category, the applicant can stay & work in USA in anticipation of an positive response (i.e. extending 5 or 7 year limit. Isn't it?

[raghvi]

Raghavi, please clear my doubt. Once the GC application is filed under EB category, the applicant can stay & work in USA in anticipation of an positive response (i.e. extending 5 or 7 year limit. Isn't it?

Only H1 can be extended beyond the 6 year limit. L1B and L1A cannot be extended beyond their 5/7 year limit on the basis of a EB petition.

This is my opinion not legal advice.

[Libra_14]

Only H1 can be extended beyond the 6 year limit. L1B and L1A cannot be extended beyond their 5/7 year limit on the basis of a EB petition.

Apologies for the confusion, I am not asking about extending L1.

My question is if the applicant can "legally stay" in USA awaiting response of GC petition after 5/7 years.

[raghvi]

Apologies for the confusion, I am not asking about extending L1.

My question is if the applicant can "legally stay" in USA awaiting response of GC petition after 5/7 years.

On what visa/status? One needs to be on a valid non immigrant status (H1/L1 etc) till ones immigrant visa (EB/Fb etc) becomes available.

This is my opinion not legal advice.

[thebrosa]

L1A to Green Card - Time and Cost

I've been working with my company in the USA for 6 months.

- I'm on L1A visa.
- Have been with company (its overseas entity for over 9 years). i moved to us on L1A after that.

I have two questions:

- How long would it take to get my green card (start to finish) - I know the time varies, but what has been the experience of others in recent case.
assuming all paperwork and application etc are all correct.
- How much does it cost in total (i have to pay, my company has to pay, etc)

Thanks for the reply.

[raghvi]

I've been working with my company in the USA for 6 months.

- I'm on L1A visa.
- Have been with company (its overseas entity for over 9 years). i moved to us on L1A after that.

I have two questions:

- How long would it take to get my green card (start to finish) - I know the time varies, but what has been the experience of others in recent case.
assuming all paperwork and application etc are all correct.
- How much does it cost in total (i have to pay, my company has to pay, etc)

Thanks for the reply.

Under which category is the GC being planned to be filed? EB1/2/3? Whats your country of birth?

[thebrosa]

Under which category is the GC being planned to be filed? EB1/2/3? Whats your country of birth?

EB1 most likely. Could you tell me what the different would be between each. (time -wise i mean)

My country of birth is India.

[raghvi]

EB1 most likely. Could you tell me what the different would be between each. (time -wise i mean)

My country of birth is India.

For India born

EB1 - 1-2 Year to get GC.
EB2 - 6-8 Years to get GC
EB3 - 8-12 Years to get GC

This is my opinion not legal advice.

[thebrosa]

For India born

EB1 - 1-2 Year to get GC.
EB2 - 6-8 Years to get GC
EB3 - 8-12 Years to get GC

This is my opinion not legal advice.

Thank you Raghvi. Very helpful to know.

Do you know much it cost (approximately, from start to finish)? Would the cost be the same irrespective of category - EB1, EB2, EB3?