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L1-B TO Green card process

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  • L1-B TO Green card process

    Currently on L1-B visa on 4 th year in USA.
    Technical Specialist IT With 8 years exp with Current employer.
    L1-B visa Expired, Currently on i-94 status till may 2015.
    is it possible to apply for GC and extend stay beyond 5 years.
    if yes what is the minimum time frame to apply for GC, before I-94 expires.
    if any one experienced similar situation could answer my questions i would be really thank full.

    Thanks

  • #2
    Originally posted by chika25 View Post
    Currently on L1-B visa on 4 th year in USA.
    Technical Specialist IT With 8 years exp with Current employer.
    L1-B visa Expired, Currently on i-94 status till may 2015.
    is it possible to apply for GC and extend stay beyond 5 years.
    if yes what is the minimum time frame to apply for GC, before I-94 expires.
    if any one experienced similar situation could answer my questions i would be really thank full.

    Thanks

    The only way you can stay beyond May 2015 and work is either if you get L1B converted to L1A OR if you get GC approved by then. The only way you will get GC approved by May 2015 is if you are extraordinary and exceptionally talented person and of course some amount of luck.

    GC can be applied any time, but if it is Eb2/Eb3 category, and you are from India/China then you are looking at 6-12 Years of wait time. Now, merely by applying GC you cannot stay in US, you would need to be on a work visa in order to stay and work during this 6-12 Years of wait. As L1B is max for 5 Years, you have to move to H1 in order to stay and work. The issue is that H1 cap for this year is over, and next cap will open only in April 2015 with a start date of Oct 2015 thereby you cannot work from May 2015 till OCt 2015.

    You need to have a very detailed discussion with your employer about your future options. As it is I feel you are aready late.

    You need to first determine under which category would your GC be applied in. Determine the option of converting L1B to L1A , also determine the option of filing H1 next year.

    This is my opinion not legal advice.

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