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  • Green Card for spouses both on L1B

    Hi guys,

    Me and my wife are both working on L1B visas with the same employer. Employer is ready to start Green Card process for us.
    1) Should we both apply for GC as a separate L1B workers? or should I be main applicant and wife can just go as a spouse?
    Just want to understand all our options, we are interested in the quickest way of course.
    2) Are we allowed to change wife's status from L1 to L2 after GC process starts?

    Many thanks in advance, i am new to the topic, read many topics, but didn't find answers.

  • #2
    Both of you applying for your own green card would give you maximum flexibility throughout the process

    The only situation in which it makes sense for one spouse to apply as a derivative is where the EB preference category is current for one spouse but not for the other (cross-chargeability)

    Comment


    • #3
      Originally posted by inadmissible View Post
      Both of you applying for your own green card would give you maximum flexibility throughout the process

      The only situation in which it makes sense for one spouse to apply as a derivative is where the EB preference category is current for one spouse but not for the other (cross-chargeability)
      Thank you!

      Do you know if we will be allowed to change my wife's visa from L1 to L2 when GC process has been started?

      Comment


      • #4
        Originally posted by Flake39 View Post
        Do you know if we will be allowed to change my wife's visa from L1 to L2 when GC process has been started?
        Yes. As long as one of you continues to maintain their L-1 status, the spouse can obtain L-2. She may need to apply for the visa abroad if she fails to maintain her own status before switching.

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        • #5
          Originally posted by inadmissible View Post
          Yes. As long as one of you continues to maintain their L-1 status, the spouse can obtain L-2. She may need to apply for the visa abroad if she fails to maintain her own status before switching.
          Thanks!

          Just don't want this switching to stop or slow down GC processes.

          Comment


          • #6
            Originally posted by inadmissible View Post
            Both of you applying for your own green card would give you maximum flexibility throughout the process

            The only situation in which it makes sense for one spouse to apply as a derivative is where the EB preference category is current for one spouse but not for the other (cross-chargeability)
            Many thanks for help so far. I've come up with another question

            If employer will start two separate GC process for us as L1B workers (with each other as derivatives). And if then spouse wants to switch from L1 to L2 - does it mean that her own GC process will be cancelled and we will have only one valid GC process with me as main and her as derivative?

            Comment


            • #7
              Originally posted by inadmissible View Post
              The only situation in which it makes sense for one spouse to apply as a derivative is where the EB preference category is current for one spouse but not for the other (cross-chargeability)
              But cross-chargeability can work the other way too (principal can use the derivative spouse's chargeability), so either one of them can be principal and the other one derivative, even if only one of them is current.

              This is my personal opinion and is not to be construed as legal advice.

              Comment


              • #8
                Originally posted by Flake39 View Post
                Many thanks for help so far. I've come up with another question

                If employer will start two separate GC process for us as L1B workers (with each other as derivatives). And if then spouse wants to switch from L1 to L2 - does it mean that her own GC process will be cancelled and we will have only one valid GC process with me as main and her as derivative?
                GC is for future employment, your current employment/visa status does not matter. In fact even your presence/absence from the US also does not matter as far as GC is concerned. Just because your spouse switched to L2 does not stop/cancel the GC process.
                Just an opinion; Not legal advice.

                Comment

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