L1 B period ending, how to stay legal for green card

[bipnis]

My husband is a L1 B visa holder from his company in India.The visa was valid until
December 2012.He came to the US in Jan 2010 and we went back to India on vacation
in April 2012.While re-entering US in 2012 after the vacation, the immigration officer
put the date on I-94 as April 2015.When his visa stamping was about to expire in
December 2012, his company approached the company attorney to check if he need to
apply for L1 extension.But the attorney told that since his I-94 is valid till
April 2015, he need to get an extension now and if he need to travel out of US,
then they will arrange for an extension and have it stamped in India.

Now, his company is trying to localize him as a employee of US division and trying
to apply for a green card. But we are not sure if that will be possible as he cannot
stay in the US after 2015.Even there seems to be no provision for extension as
he will already cover the 5 year L1 period in 2015.From various internet sites, I
learned that, even if we apply for green card some time this year (most probably under
EB-2 category), it will take some time to get the work permit.

What are the other options here to make it possible to stay in the US after 2015, assuming
that his company applies for Green Card under EB-2 category this year?
Even if we go for a H1B next year, I guess the total period you can stay in L1B and/or H1B is
6 years (5 yrs for L1B and 6 yrs for H1B).But if he change to H1B from L1B, I guess, still the total max period of stay is 6 yrs.

[nicoeppersma]

My husband is a L1 B visa holder from his company in India.The visa was valid until
December 2012.He came to the US in Jan 2010 and we went back to India on vacation
in April 2012.While re-entering US in 2012 after the vacation, the immigration officer
put the date on I-94 as April 2015.When his visa stamping was about to expire in
December 2012, his company approached the company attorney to check if he need to
apply for L1 extension.But the attorney told that since his I-94 is valid till
April 2015, he need to get an extension now and if he need to travel out of US,
then they will arrange for an extension and have it stamped in India.

Now, his company is trying to localize him as a employee of US division and trying
to apply for a green card. But we are not sure if that will be possible as he cannot
stay in the US after 2015.Even there seems to be no provision for extension as
he will already cover the 5 year L1 period in 2015.From various internet sites, I
learned that, even if we apply for green card some time this year (most probably under
EB-2 category), it will take some time to get the work permit.

What are the other options here to make it possible to stay in the US after 2015, assuming
that his company applies for Green Card under EB-2 category this year?
Even if we go for a H1B next year, I guess the total period you can stay in L1B and/or H1B is
6 years (5 yrs for L1B and 6 yrs for H1B).But if he change to H1B from L1B, I guess, still the total max period of stay is 6 yrs.

In your case, the employer should do three things:

First and foremost, apply for PERM to secure a priority date. With the current EB-2 priority dates you will be waiting 8-10 years for a green card, assuming your husband is born in India.

Second, apply for the L-1B extension to secure valid work authorization until 2015.

Third, apply for an H-1B. The H-1B can be extended in 1-3 year increments, as long as a valid I-140 has filed in the fifth year of presence.

I would recommend you and the company to consult an immigration attorney as soon as possible.