L1 B (specialized knowledge) to GC or H1 - options

[pras80]

Hello,

I am here in the US since May 2012 on L1 Blanket (Specialized knowledge). The visa expires on Mar 2015. I am exploring the pros and cons of filing H1 vs Green Card now, before checking with the company HR. Which one is preferable? Would the GC process be simpler if I file from L1 B? I have a post graduation degree from India.

Thanks very much for the help.

KP

[raghvi]

Hello,

I am here in the US since May 2012 on L1 Blanket (Specialized knowledge). The visa expires on Mar 2015. I am exploring the pros and cons of filing H1 vs Green Card now, before checking with the company HR. Which one is preferable? Would the GC process be simpler if I file from L1 B? I have a post graduation degree from India.

Thanks very much for the help.

KP

You have to first determine, whether GC will be filed under EB1/EB2/EB3 category. If its EB2/EB3, it doesnt really matter whether you file under L1 or H1. EB2/EB3 category, as of current trend, would take, around 8-12 Years (for India born) and you eventually have to move to H1 beyond your 5th Year L1. L1 can max be for 5 Years, and H1 for 6 Years. But H1 can be extended beyond 6th Year if GC is filed before 5th year completion (365 days before 6 year completion), L1s cannot be extended.

Assuming your L1 I-94 expiry is also March 2015, you should apply in April 2014. If you dont apply in 2014, OR dont get H1 in 2014, in 2015 , you would need to apply L1 extension as well as H1.

This is my opinion not legal advice.

[pras80]

You have to first determine, whether GC will be filed under EB1/EB2/EB3 category. If its EB2/EB3, it doesnt really matter whether you file under L1 or H1. EB2/EB3 category, as of current trend, would take, around 8-12 Years (for India born) and you eventually have to move to H1 beyond your 5th Year L1. L1 can max be for 5 Years, and H1 for 6 Years. But H1 can be extended beyond 6th Year if GC is filed before 5th year completion (365 days before 6 year completion), L1s cannot be extended.

Assuming your L1 I-94 expiry is also March 2015, you should apply in April 2014. If you dont apply in 2014, OR dont get H1 in 2014, in 2015 , you would need to apply L1 extension as well as H1.

This is my opinion not legal advice.

Thanks for the response. If I am reading it right, the best course of action is to file H1 this year and then go for GC once it is approved. If H1 doesn't go through this year, I have the option of extending L1 next year. It is possible to file both L1 extension and H1, right?

Thanks very much, again.
KP

[raghvi]

Thanks for the response. If I am reading it right, the best course of action is to file H1 this year and then go for GC once it is approved. If H1 doesn't go through this year, I have the option of extending L1 next year. It is possible to file both L1 extension and H1, right?

Thanks very much, again.
KP

Yes. But if your L1 I 94 is expiring before 01-Oct-2015, then unless L1 extension is approved first, you would not be able to do a COS to H1 , that is if H1 doesn't get approved in 2014.

This is my opinion not legal advice.

[pras80]

Yes. But if your L1 I 94 is expiring before 01-Oct-2015, then unless L1 extension is approved first, you would not be able to do a COS to H1 , that is if H1 doesn't get approved in 2014.

This is my opinion not legal advice.

Thanks, I understand now. With respect to H1, which one is preferable now: COS from L1B vs Consular processing? Do I have to go through the interview process again? I am a newbie reading up on the visa specifications, so thanks for enlightening me.

KP

[raghvi]

I would say do a COS from L1 to H1 and be done with it , rather than trying to do a COS later on. But yes, after Oct 2014, if you leave US , in order to come back on H1 you have to get H1 stamped and that will involve interview at a US consulate abroad.

This is my opinion not legal advice.

[pras80]

I would say do a COS from L1 to H1 and be done with it , rather than trying to do a COS later on. But yes, after Oct 2014, if you leave US , in order to come back on H1 you have to get H1 stamped and that will involve interview at a US consulate abroad.

This is my opinion not legal advice.

Thank you very much for the help.