L2 EAD to Green Card

[Prudhvi Potu]

Hi,

I am currently on L2 VISA and applied for L2 EAD and it got approved. I am looking to process my Green Card with an Desi consultant employer. I have following questions, can someone help with this:

1. Do I need to change to H1B to process for Green Card? Can my employer can process GC on my current L2 work permit?
2. If yes, once I pass first 2 levels of GC (PERM, I 485) and if I lose the status of L2 (L1 return to India) whether still I can stay in US and work with employer?
3. Are there any other risks with this process that I did not think on my GC process.

Thanks.

[raghvi]

Hi,

I am currently on L2 VISA and applied for L2 EAD and it got approved. I am looking to process my Green Card with an Desi consultant employer. I have following questions, can someone help with this:

1. Do I need to change to H1B to process for Green Card? Can my employer can process GC on my current L2 work permit?
2. If yes, once I pass first 2 levels of GC (PERM, I 485) and if I lose the status of L2 (L1 return to India) whether still I can stay in US and work with employer?
3. Are there any other risks with this process that I did not think on my GC process.

Thanks.

Is it EB1/EB2/EB3??

[Prudhvi Potu]

It is EB-3, i have only B.Tech Degree from India in Electronics and Electrical Engineering.

[raghvi]

It is EB-3, i have only B.Tech Degree from India in Electronics and Electrical Engineering.

Currently 01-Oct-2003 is current for EB3 so you are looking at around 11+ Years of wait time to get your GC.

1. GC is for future employment, so any employer can file it for their employer, but as L1B can at max be for 5 Years and L1A max for 7 Years so, Yes you would have to move to H1 eventually, if you dont intend to leave US for an entire 1 Year for the next 11+ Years. Merely having a GC filed doesnt allow you to stay in US. You have to have a valid status in US, so in order to have a valid status for 11+ Years you would have to move to H1 and keep extending it till your priority date becomes current.
2. As explained, merely having GC filed doesnt allow you to stay. You would need a valid visa and status to stay till your priority date becomes current.
3. You need to read around a lot about how GC process works. But the earlier you apply the better it is. How much time is remaining on your spouse's L1?

Advisable to file GC, and file H1 next year.

This is my opinion not legal advice.