Hi,
I am working here in US on L1B VISA,
Here are my travel and VISA details:
-Got B1 Visa on: 06TH Sept 2007 (Valid till-30 Aug 2017)
-Visited on B1 alone first time on 08th March 2008 to: May 12th 2008
-Got the L1 VISA stamping in India on 09th Jan 2009 (Expiry: 31 Dec 2011)
-Visited on L1 alone first time on: 01st May 2010 to: 19 July 2010
-Came on L1 again with family on Jan, 2011
-Got L1 visa extended in July 2011 to be valid till October 2013.
Exploring the best options to stay and getting green card and have following questions:
1.) If I apply for an extension, how long extension period can I assume at the best?
2.) As my VISA is expiring in October 2013, and I know it is better if my company applies it sooner but still is there any required time that is needed before the VISA expires or they can apply extension anytime before the visa expires.
3.) If I don’t get any letter from USCIS after filing extension, can I stay here at US until I get any communication from them?
4.) After getting extension what would be the best option to file a Green card through my company?
a.) Filing a Green card while in extension: I assume it will take lesser time compare to people on H1, would I get Green card approval possibly during my stay time (assuming two years) as I feel this would be my last extension on L1 (I assume total 5 years maximum)
b.) If I don’t receive approval of Green card during my stay on L1 as mentioned in point a. what options I have? Do I need to return to India?
c.) Would it be better to change status from L1 to H1 (I assume that on H1 you can be in US after applying green card even your 5 years time expires).
Thanks in advance for the answers.
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You can get L-1 for maximum 5 years. Only the time spent inside US is counted and you can do the math to know the remaining term.
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Extension can be applied at most 6 months prior to expiration date.
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Extension receipt should be received by employer within 30 days. If that is not received, then employer should follow-up w/ USCIS. If you are sure that extension was timely filed, then you can stay while waiting for extension receipt.
4a. It is not that fast. What’s your country of birth and what EB category will the GC be filed?
4b. Yes, leave US and wait outside US for GC process to complete
4c. Yes, this will be better as you can stay for 6 years (H and L term included) and have the option for 7th year extension on the basis of pending GC.
Thanks for the answer,
I want to let you know that my home country (birth place) is India.
and here is other question as I see there are not 6 months left when my VISA expires (as it expires on October 31st). Would it be better for a status change to H1, can that be done this time?
Thanks again.
Also here is one more question, suppose I apply for GC after extension of L1B and after that if I want to change my status to H1 would that create any problem with already filed GC application?
EB-2 or EB-3 from India will take several years and will not happen quickly.
Do you already have an approved H-1 petition from the past? If not, then no petition can be filed until next cap which is April 1, 2014.
When you say less than 6 months of visa left, do you mean that you will be completing 5 years inside US on L-1 within 6 months?
Thanks Saurabh,
I never applied for H1 before.
So as per your answer I can apply only for April 2014. For that I would have to file L1 extension first to be inside US till that time.
I have around 2 years left to complete 5 years.
My current Visa is valid till October 31 2013, can I apply extension anytime before one month of expiry (as I assume should at least be a gap of one month to receive a receipt of application).
Also here is one query, After getting L1 extension if I apply for Green card and then later want to change the status to H1, would it affect Green card process?
L-1 extension can be applied even 1 month prior to expiration date. As long as the extension petition reaches USCIS prior to current I-94/L-1 expiration date, you should be fine.
Your GC process will not be impacted by H-1 processing. However, you need to be qualified for the GC job. L-1 job requirements are different from H-1 job requirements and the same GC job doesn’t qualify for both.
Thank you very much Saurabh.