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Hello,
I'm on the L1-B working in US for over 2 years. Tried with my own employer, they dont do GC per policy. I have another 14 months left on my L1 (upto Aug-2013). After that my company is likely send me back to India. Tried L1 to H1 (COS) this year, but quota almost full so hasnt worked.
A different company 'X' showed some interest to sponsor my GC in EB2. I have BCom degree from India + 7 yrs expr, this seems to be equivalent to an Associate's degree here in the US. I tried finding out from a college here and it could take 2-3 semesters to upgrade upto a US Bachelors (i'm going to do this part-time while on L1). This could mean more than a year in itself.
I am willing to start my GC with my future employer 'X' in EB3 if they agree. Eventually if I decide to do my Bachelors / Masters in US or whatever is necessary, I can think of porting over to EB2 whatever be the complications involved. Did research to understand the GC steps (PERM, I-140, I-485 and AP), but need clarity on some things:
- Do I qualify for EB3 with my education which equates to a US Associate Degree and 7 yrs work experience?
- Am I legally allowed to pursue GC with future employer 'X' while on L1B with a certain employer 'Y'? Need to understand pros and cons of doing this, and is it even legal to do it on L1B?
- When is the 'earliest' that I am legally allowed to join my sponsoring future employer 'X'. Is it only after PERM is approved? Or even later than that, like EAD? If later..then at which stage and approx. time it could take to reach that stage on EB3? Pl. Note, i'm asking the 'earliest' possible to join future employer legally considering i'm on L1B status.
- Can I get into any kind of trouble with USCIS / DOL for trying to do GC with a different sponsor while on L1B and thereby could I lose L1B status or if anything in GC gets rejected?
- I seem to have noticed that both PERM and I-140 in EB2 as well as EB3 seem to be taking the same time. It's only at the I-485 stage where there is a massive difference between EB2 and EB3. Is my info on PERM and I-140 processing time correct? It seems I-140 can be done in premium also?
- Once I start working with future employer, what kind of non-immigrant status will I remain on and can I stay in US (my family is already here with me on L2) as long as it takes to get GC ?
- How soon can I apply for Advance Parole if I want to visit my country while waiting for my I-485?
- Why would a prospective employer 'X' prefer to wait more than a yr. for me to upgrade my studies, and then file in EB2 instead of starting immediately in EB3? Is it that it would take too much time for me to legally join them in EB3 (i'm ready whenever the law allows me). Or is it because I may want to port from EB3 to EB2 after a couple of years? Trying to put myself in employer 'X' shoes and understand his thought process is.
- What kind of cost is involved in doing PERM + I-140?
Which path is therefore better -
(a) Switch to future sponsor on EB3 now -> porting to EB2 after upgrading education in 2-3 years.
OR
(b) First upgrade education degree and only apply in EB2 (after 1.5 yrs maybe). Risk here is being sent back to India even before EB2 / PERM starts.
I know I could be missing something or taking unseen risks with any of these possibilities, or probably jumping into a deep 'EB3' hole, but this is the best chance I feel I have at the moment. Any guidance would be appreciated.
Arun
I'm on the L1-B working in US for over 2 years. Tried with my own employer, they dont do GC per policy. I have another 14 months left on my L1 (upto Aug-2013). After that my company is likely send me back to India. Tried L1 to H1 (COS) this year, but quota almost full so hasnt worked.
A different company 'X' showed some interest to sponsor my GC in EB2. I have BCom degree from India + 7 yrs expr, this seems to be equivalent to an Associate's degree here in the US. I tried finding out from a college here and it could take 2-3 semesters to upgrade upto a US Bachelors (i'm going to do this part-time while on L1). This could mean more than a year in itself.
I am willing to start my GC with my future employer 'X' in EB3 if they agree. Eventually if I decide to do my Bachelors / Masters in US or whatever is necessary, I can think of porting over to EB2 whatever be the complications involved. Did research to understand the GC steps (PERM, I-140, I-485 and AP), but need clarity on some things:
- Do I qualify for EB3 with my education which equates to a US Associate Degree and 7 yrs work experience?
- Am I legally allowed to pursue GC with future employer 'X' while on L1B with a certain employer 'Y'? Need to understand pros and cons of doing this, and is it even legal to do it on L1B?
- When is the 'earliest' that I am legally allowed to join my sponsoring future employer 'X'. Is it only after PERM is approved? Or even later than that, like EAD? If later..then at which stage and approx. time it could take to reach that stage on EB3? Pl. Note, i'm asking the 'earliest' possible to join future employer legally considering i'm on L1B status.
- Can I get into any kind of trouble with USCIS / DOL for trying to do GC with a different sponsor while on L1B and thereby could I lose L1B status or if anything in GC gets rejected?
- I seem to have noticed that both PERM and I-140 in EB2 as well as EB3 seem to be taking the same time. It's only at the I-485 stage where there is a massive difference between EB2 and EB3. Is my info on PERM and I-140 processing time correct? It seems I-140 can be done in premium also?
- Once I start working with future employer, what kind of non-immigrant status will I remain on and can I stay in US (my family is already here with me on L2) as long as it takes to get GC ?
- How soon can I apply for Advance Parole if I want to visit my country while waiting for my I-485?
- Why would a prospective employer 'X' prefer to wait more than a yr. for me to upgrade my studies, and then file in EB2 instead of starting immediately in EB3? Is it that it would take too much time for me to legally join them in EB3 (i'm ready whenever the law allows me). Or is it because I may want to port from EB3 to EB2 after a couple of years? Trying to put myself in employer 'X' shoes and understand his thought process is.
- What kind of cost is involved in doing PERM + I-140?
Which path is therefore better -
(a) Switch to future sponsor on EB3 now -> porting to EB2 after upgrading education in 2-3 years.
OR
(b) First upgrade education degree and only apply in EB2 (after 1.5 yrs maybe). Risk here is being sent back to India even before EB2 / PERM starts.
I know I could be missing something or taking unseen risks with any of these possibilities, or probably jumping into a deep 'EB3' hole, but this is the best chance I feel I have at the moment. Any guidance would be appreciated.
Arun
