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  • GC - Need Help Urgent - Please Reply

    Dear Admin,

    I'm on L1-B Visa completing 5 years in July end 2014 (extension approved till this month). Please can you help to advice on below questions -

    1. Can visa be changed from L1-B to L1-A which will allow additional 2 yrs? is this considered as extension or change of status? if change of status then if decision did not come on L1 A then can I still stay in US, considering adjustment of status till decision?

    2. If my company files GC-EB2 this month, with above situation do you think it is advisable to start process considering the time left?

    3. If I have to go back to India, under GC process, will I be able to do? I read that under AP it can be done. how long it takes under EB-2 to get AP and suggest quicker way like concurrent process if you think it will help.

    Looking forward for your response. Have a good day ahead and thanks for such good forum. It helps.

  • #2
    GC - Need Help Urgent - Please Reply

    Kindly help.

    Comment


    • #3
      Originally posted by AR13 View Post
      Dear Admin,

      I'm on L1-B Visa completing 5 years in July end 2014 (extension approved till this month). Please can you help to advice on below questions -

      1. Can visa be changed from L1-B to L1-A which will allow additional 2 yrs? is this considered as extension or change of status? if change of status then if decision did not come on L1 A then can I still stay in US, considering adjustment of status till decision?

      2. If my company files GC-EB2 this month, with above situation do you think it is advisable to start process considering the time left?

      3. If I have to go back to India, under GC process, will I be able to do? I read that under AP it can be done. how long it takes under EB-2 to get AP and suggest quicker way like concurrent process if you think it will help.

      Looking forward for your response. Have a good day ahead and thanks for such good forum. It helps.
      1. Typically L1B to L1A needs to be filed 6 Months prior to your L1B Max out time. It will be considered a COS.Yes you can stay till the decision comes or 240 days from max out date whichever is earlier.
      2. GC - EB2 can be started anytime, its taking around 8-10 years for one to get GC in EB2 category. You still need to be in valid status to be in US and work , merely having GC filed doesn't allow you to stay without a valid visa to complement the same.

      3. Yes GC process can continue. Advance parole can only be applied once priority date is current (which can take 8-10 Years under EB2). AP must be approved before travelling.

      This is my opinion not legal advice.

      Comment


      • #4
        Additional Qs

        Thanks Raghavi for your helpful inputs.

        1. Regarding EB2 if the travel made before AP, will GC process still continue?

        2. If I get my status changed from L1B to L1A here is USA, will it be possible to change it from EB2 to EB1 and do I need pay the fees again, I mean will it be fresh application again?

        3. My wife is housewife, do not have EAD. How should I take her case ahead. Will I need to apply for her GC as well along with my or there is any logical step where family gets added later on.

        Kindly help to understand. Thanks again!

        Comment


        • #5
          GC - Need Help Urgent - Please Reply

          Kindly reply. Thanks.

          Comment


          • #6
            Originally posted by AR13 View Post
            Kindly reply. Thanks.
            You are planning multiple things at the same time, would advise talking to an experienced attorney.

            This is my opinion not legal advice.

            Comment


            • #7
              Rather than getting an attorney involved in your plans, you should focus on one thing at a time, finish it, then go on to the next step.

              --Ray B

              Originally posted by AR13 View Post
              Kindly reply. Thanks.

              Comment

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