L1B visa: GC processing

[arvind2011]

Hello,

I am on L1B visa valid till Oct, 2015 which can be extended till Oct, 2017 (2 years extension). My green card processing has just started and is still in labor processing stage.

I have requested my employer to change my visa status to L1A or H1B. Which one would be better for me?

If my employer does not agree to changing my visa to L1A or H1B and I have to wait for GC processing, what stage of GC processing will I have to reach before my L1B visa expiration, so that my L1B visa can get auto-renewed? Are there any circumstances under which I may have to go back to India?

[raghvi]

Hello,

I am on L1B visa valid till Oct, 2015 which can be extended till Oct, 2017 (2 years extension). My green card processing has just started and is still in labor processing stage.

I have requested my employer to change my visa status to L1A or H1B. Which one would be better for me? [considering L1A visas get denied frequently (will it affect my current GC processing)]

If my employer does not agree to changing my visa to L1A or H1B and I have to wait for GC processing, what stage of GC processing will I have to reach before my L1B visa expiration, so that my L1B visa can get auto-renewed? Are there any circumstances under which I may have to go back to India?

GC is under EB1, EB2 or EB3?
If EB1 I think you should be able to get GC by Oct 2015, no worries.

If it is under EB2/EB3 then you have plan and eventually move to H1 if your intention is not to depart US as EB2/EB3 can take 6-12 Years.

L1B extensions are also not easily available, so it would not be correct to assume that you would get extension till Oct 2017. Take one step at a time.

Eb2/Eb3 can take 6-12 years, and as both L1B and L1A are upto a max of 5 Years, so its logical that in order to stay in US, while your GC wait period completes, you would have to move to H1, as only H1 can be extended based on a pending GC, not L1B/L1A. L1B/L1A are not renewable based on pending GC. H1B is.

This is my opinion not legal advice.