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expired L1A, filing for H1B and GC

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  • expired L1A, filing for H1B and GC


    I was wondering if someone could help answer the questions below.

    My condition:

    I am married. Me and my wife have expired L1A and L2 Visas respectively. Our I-94 is valid until Jan 2016.

    We are both applying for our H1s in April 2014. My wife had to go back to India due to a personal reason and since she had an expired L2 Visa, she cannot come back until she gets her H1 approved and stamped in October. Our respective companies are going to file a COS along with H1 B as we are both on L visas.

    My company has now approved to start GC processing for us and are willing to start this process ASAP. I am hoping to get into the EB1C category since I've been here on a L1 A visa and satisfy some of the prerequisites for the EB1C category.


    1. Can the GC processing begin for both me and my wife even though she is in India and I am in USA?

    2. Should we stop our H1B filing since our GC processing is going to begin as L1A status is required to apply in the EB1C category?

    3. If we start the green card process ASAP and are able to apply in the EB1C category, by how much time shd I expect my I140 (adjustment of status) to get approved? So I can travel back and forth to India if required even though I'll have a expired L1 A visa.

    Please advise.