L2-EAD expiring in November 2013, Employer filing Green Card

[Meghana19]

Hi,

My Visa type is L2- EAD. My spouse's L1 extension is in November 2013. My employer is ready to sponser Green card for me.

I just want to understand how long the green card processing will take for me.I hold a bachelor's degree with relevant 5 years of experience.My country of birth is India.

I am really confused with set of queries i have before starting this process.I would really be thankful if someone can assist me with these

1. If my spouse's extension is denied, My visa remains invalid, so is the EAD.Can I and my husband still stay back in US with a GC under progress and work here.If yes, in what stage my GC processing should be (PERM, I140, I485 etc).

2. If i had to return back to india due to my spouse ext denial, then what will happen to my green card processing.
3. Should i ask my employer to file for an L1B first and then a GC, so that i will have considerable time to stay here to get this done...

Please advice

[raghvi]

Hi,

My Visa type is L2- EAD. My spouse's L1 extension is in November 2013. My employer is ready to sponser Green card for me.

I just want to understand how long the green card processing will take for me.I hold a bachelor's degree with relevant 5 years of experience.My country of birth is India.

I am really confused with set of queries i have before starting this process.I would really be thankful if someone can assist me with these

1. If my spouse's extension is denied, My visa remains invalid, so is the EAD.Can I and my husband still stay back in US with a GC under progress and work here.If yes, in what stage my GC processing should be (PERM, I140, I485 etc).

2. If i had to return back to india due to my spouse ext denial, then what will happen to my green card processing.
3. Should i ask my employer to file for an L1B first and then a GC, so that i will have considerable time to stay here to get this done...

Please advice

What is your spouse's visa status L1A or L1B? When is the 5 year/7 Year period getting over for him? When are your and Your spouse's I-94 expiring.

GC processing can take from a year to a decade, it all depends upon the category in which it is filed. If your bachelor's is in the field of your work you may be eligible for EB2. Currently EB2 priority date is 01 Sep 2004 so you can see if no changes are made to immigration laws approximate 9 years if your GC is filed tomorrow in EB2.For EB3 is Dec 2002 so around 11 Years.

The issue that happens is that you need to be in valid status till the time you get your GC. If your spouse's extension is denied since your L2 is directly dependent on his, your visa and EAD also is invalid after his L1 expiry and extension rejection even if your GC processing is going on.

Even if you have to return to India the GC processing can continue in your absence. But woudl the employer continue to do it in your absence is a different matter.

If you haven't worked for the employer in their office outside US for one full Year in last 3 Years you may not be eligible for L1.If you are eligible then ask employer to file L1 under L1A and if approved you might be able to get GC within a year or so.



This is my opinion not legal advice.

[Meghana19]

My spouse's visa is L1B.His extension is going to happen in november.His I94 is expiring in november 2013 and mine in march 2016.