L1B conversion to H1 when we just initiated EB-2

[anup007]

Currently, I am in L1B visa and maxing out 5 yrs. in Aug. 2016. I am working for the same employer for last 3 yrs. in US and recently, my employer is ready to initiate my EB-2. I am about to submit all the details for PERM filing. My country of Birth is India.
Could someone please tell me how much time it would take a get a green card in EB2 category ?

My second query -> Since, i'm maxing out in 2016, i am expecting that my I-140 would be approved in between so my L1B visa would be converted to H1 before maxing out. Am i correct on this scenario? If they do then would it be only for 1 yr? Since, H1 covers only 6 yrs. Shall i get H1 extension on the subsequent years based on my i-140 status?

What happens when my i-140 won't get approved during my maxing out period (Aug. 2016) since it is taking longer time than usual. Shall i go back to India or do i ask to my employer to convert my L1B visa to H1 irrespective of my i-140 status? At this point, i will be only getting 1 yr stay in US after conversion hoping my i-140 would be approved soon.

Do i have any other options? Say, can i go for L1B to L1A conversion instead of H1 in this case?

[raghvi]

Currently, I am in L1B visa and maxing out 5 yrs. in Aug. 2016. I am working for the same employer for last 3 yrs. in US and recently, my employer is ready to initiate my EB-2. I am about to submit all the details for PERM filing. My country of Birth is India.
Could someone please tell me how much time it would take a get a green card in EB2 category ?

My second query -> Since, i'm maxing out in 2016, i am expecting that my I-140 would be approved in between so my L1B visa would be converted to H1 before maxing out. Am i correct on this scenario? If they do then would it be only for 1 yr? Since, H1 covers only 6 yrs. Shall i get H1 extension on the subsequent years based on my i-140 status?

What happens when my i-140 won't get approved during my maxing out period (Aug. 2016) since it is taking longer time than usual. Shall i go back to India or do i ask to my employer to convert my L1B visa to H1 irrespective of my i-140 status? At this point, i will be only getting 1 yr stay in US after conversion hoping my i-140 would be approved soon.

Do i have any other options? Say, can i go for L1B to L1A conversion instead of H1 in this case?

EB2 for India is current at May 2009, and is expected to go back any time soon, though very difficult to say when you would get green card, but seeing recent trends, if everything goes right, a wait of 6+ Years is possible.

L1 does not automatically get converted to H1 upon I140 approval. L1, H1 , GC are three different processes.

Now, with EB2, we are looking at 6+ wait period, so in order for you to stay beyond 5 of L1B, or 7 Years (L1A) you anyhow have to convert to H1 (unless you qualify for option 1 below).

Option 1 : Talk to your employer about your eligibility for L1A. If you are eligible then once on L1A it is possible to apply GC in EB1 and if indeed you qualify for L1A and EB1C, then you can get a GC within 1 Year instead of waiting for 6+ Years in EB2. This is the shortest route but support of employer, documentation, legal team is very critical.

Option 2:
If your employer refuses L1A, or you are not eligible for L1A/EB1C, then H1 is the only other option to continue beyond your L1 limit. H1 Cap opens every year on First working Day of April. The next cap will open April 2015 with a start date of 01-Oct-2015.
Now there are limited visas allowed in this category. Since last 2 years the number of applicants have far exceeded the number of available visas this resulted in a need of lottery being conducted.

As you are maxing out in Aug 2016, I would suggest you get your H1 petition filed in April 2015, if not selected in April 2015, you will have another chance in April 2016.

The main difference between filing April 2015 and April 2016 in your case is that if you file in April 2015, and get selected and approved, you can move to H1 from 01-Oct-2015. USCIS will most likely give you only a 1-1.5 Years valid H1 (as L1_+ H1 can at max be for 6 Years) but at that time your I-140 may already been approved, using this approved I140 you can request for 3 Year extension of your approved H1.

Suppose you dont get selected in April 2015 H1, then you have another chance in April 2016, but since this time your L1 is maxing out before H1 start date of Oct 2016, you would have to leave as soon as your max out period is reached even if your I140 is approved at that time. An approved I140 is helpful in extending an existing H1 not an L1.

Worst case, if you dont get selected in April 2015 or April 2016, then you would have to leave US upon your L1 Max out, stay out of US and then apply for H1 in April 2017 with a start date of 01-Oct 2017. Even if your I140 is approved at that time, you need to have a valid H1 to extend using the approved I140.

This is my opinion not legal advice.

[Ramesh22]

EB2 for India is current at May 2009, and is expected to go back any time soon, though very difficult to say when you would get green card, but seeing recent trends, if everything goes right, a wait of 6+ Years is possible.

L1 does not automatically get converted to H1 upon I140 approval. L1, H1 , GC are three different processes.

Now, with EB2, we are looking at 6+ wait period, so in order for you to stay beyond 5 of L1B, or 7 Years (L1A) you anyhow have to convert to H1 (unless you qualify for option 1 below).

Option 1 : Talk to your employer about your eligibility for L1A. If you are eligible then once on L1A it is possible to apply GC in EB1 and if indeed you qualify for L1A and EB1C, then you can get a GC within 1 Year instead of waiting for 6+ Years in EB2. This is the shortest route but support of employer, documentation, legal team is very critical.

Option 2:
If your employer refuses L1A, or you are not eligible for L1A/EB1C, then H1 is the only other option to continue beyond your L1 limit. H1 Cap opens every year on First working Day of April. The next cap will open April 2015 with a start date of 01-Oct-2015.
Now there are limited visas allowed in this category. Since last 2 years the number of applicants have far exceeded the number of available visas this resulted in a need of lottery being conducted.

As you are maxing out in Aug 2016, I would suggest you get your H1 petition filed in April 2015, if not selected in April 2015, you will have another chance in April 2016.

The main difference between filing April 2015 and April 2016 in your case is that if you file in April 2015, and get selected and approved, you can move to H1 from 01-Oct-2015. USCIS will most likely give you only a 1-1.5 Years valid H1 (as L1_+ H1 can at max be for 6 Years) but at that time your I-140 may already been approved, using this approved I140 you can request for 3 Year extension of your approved H1.

Suppose you dont get selected in April 2015 H1, then you have another chance in April 2016, but since this time your L1 is maxing out before H1 start date of Oct 2016, you would have to leave as soon as your max out period is reached even if your I140 is approved at that time. An approved I140 is helpful in extending an existing H1 not an L1.

Worst case, if you dont get selected in April 2015 or April 2016, then you would have to leave US upon your L1 Max out, stay out of US and then apply for H1 in April 2017 with a start date of 01-Oct 2017. Even if your I140 is approved at that time, you need to have a valid H1 to extend using the approved I140.

This is my opinion not legal advice.

Hi Raghavi

My case is also similar to the case that you have answered, thatswhy I didnt start the new thread. I entered USA with the L1B visa on 2012 and converted to L1A visa by september 2014. Since the L1A is going to expire in 2016, i asked my employer to initiate Green Card but they say that it is not possible to apply green card for me since I entered USA in the L1B category. Eventhough I am in L1A, they are saying it is not possible to appy GC for me. Is this a true statement as I am really confused and I need to start all over again to apply for L1A extension by mid of 2015. Kindly advise.

Thanks
Ramesh

[raghvi]

I fail to understand how your case is similar. In immigration matters no two cases are alike. Further, yours is already a L1B to L1A conversion approved, as well as there is still lot of time left in maxing out.

Unless I am missing something , don't see why it is not possible to initiate GC for you.
Yes, you may not qualify for EB1C if you were not playing a Manager role outside US before your entry into US on L1B, but they can certainly try for EB2/EB3.

Why they are not doing so can at best answered by them. Rather than taking their word on face value, ask them specifics as to which law/clause bars them from filing GC for you.

This is my opinion not legal advice.

[Ramesh22]

I fail to understand how your case is similar. In immigration matters no two cases are alike. Further, yours is already a L1B to L1A conversion approved, as well as there is still lot of time left in maxing out.

Unless I am missing something , don't see why it is not possible to initiate GC for you.
Yes, you may not qualify for EB1C if you were not playing a Manager role outside US before your entry into US on L1B, but they can certainly try for EB2/EB3.

Why they are not doing so can at best answered by them. Rather than taking their word on face value, ask them specifics as to which law/clause bars them from filing GC for you.

This is my opinion not legal advice.

Thanks Raghvi. I am now cleared that GC is possible in my case. Even last week I discussed with my tower lead and he sounded very confident that GC is not possible as I entered US in L1B. But I am going to talk to them again to try for EB2/EB3. Thanks for your valuable input.