wife on L2 getting her green card filed

surya227

New Member
if somebody could help me with this problem, i would be very grateful.

i am in The US on a L1 since May 2002, and so my 6 year clock would expire in May 2008.
my wife has an EAD based on her L2. she has now got two offers,
1) permanent position with a company based on her current EAD, and they have said that they
will consider filing for green card somewhere around october/november.
2) a consulting company which is ready to sponsor her H1B and who will search for a

consulting job for her starting october 2006 and then they will file for her green card too.

which is better? joining a company for a permanent position and then hoping their green card
goes thru before the clock gets in the way, or joining the consultant on a H1?

moreover, what happens to my status. suppose in either case her green card gets filed

sometime in november 2006, what would be my status in May 2008? will i have to go back and

stay the one year period outside of the US?
 
surya227 said:
which is better? joining a company for a permanent position and then hoping their green card
goes thru before the clock gets in the way, or joining the consultant on a H1?
Which is better depends. Advantage of EAD is she is not necessarily paid all the time, she can leave for a while, stay back at home, and she can come back to work later if employer allows. If she is on H1, she has to be paid all the time, and she can not stop working(it is not allowed to say she can not work as there is no project).

Her GC may not be approved before May 2007(you are on L1, your time is up in 2007, not 2008). If she is on EAD(L2), she needs to switch to CP eventually.
If she is on H1, she may be able to extend beyond 6 years, depending on LC and I140 status, therefore she can keep her GC process running while she is staying in the US.

Your status remains L1 as long as you maintain your L1 job and L1 approval. If she switch to H1, you can be H4.
 
Last edited by a moderator:
hi

I do have a similar problem with me and I am anxious to know few things about the reply. Your help is highly appreciated.

Firstly, I would like to know what is CP ? What is the process for switching over to CP from EAD (L2). After applying for GC on L2 how long the spouse need to continue on L1 as L2 is dependant on L1. What would be the approximate time period before L2 becomes independant from L1 after applying the Green Card.

Any suggestions are highly appreciated.

Thanks,
SM77.
 
Hi Surya227, Me & my husband are in the same situation... My husbands L1 is getting over in 2009 end & I am employed with an American company & also getting offers for H1 from another company... in either case GC will get filed... Can you plz, share with me what you did, so that it will be helpful for me in making decisions?

Thx in advance...
 
Hi Surya227, Me & my husband are in the same situation... My husbands L1 is getting over in 2009 end & I am employed with an American company & also getting offers for H1 from another company... in either case GC will get filed... Can you plz, share with me what you did, so that it will be helpful for me in making decisions?

Thx in advance...


IF YOU ACCEPT H1 OFFER THEN IN GC PROCESS ONE LENGTHY PROCEDURE OF LABOR KICKS IN WHICH IS NOT PRESENT IN GC APPLIED ON L1 BASE AS YOUR EMPLOYER CAN FILE 140 PETITION ON YOUR BEHALF STRAIGHT WAY BEST IF YOU DO IT IN PREMIUM. YOU CAN ALSO FILE I-485 ALONGWITH I-140. SINCE YOU FALL UNDER MANAGERIAL LEVEL IN L1 CATEGORY ITS MUCH FASTER THAN H1 CATEGORY. AS YOUR 485 IS APPLIED YOU DONT HAVE TO WORRY ABOUT ENDING OF L1 AS YOU WILL FALL UNDER ADJUSTMENT OF STATUS. ANYONE FEEL SOME DIFFERENT PLEASE CORRECT ME.
 
IF YOU ACCEPT H1 OFFER THEN IN GC PROCESS ONE LENGTHY PROCEDURE OF LABOR KICKS IN WHICH IS NOT PRESENT IN GC APPLIED ON L1 BASE AS YOUR EMPLOYER CAN FILE 140 PETITION ON YOUR BEHALF STRAIGHT WAY BEST IF YOU DO IT IN PREMIUM. YOU CAN ALSO FILE I-485 ALONGWITH I-140. SINCE YOU FALL UNDER MANAGERIAL LEVEL IN L1 CATEGORY ITS MUCH FASTER THAN H1 CATEGORY. AS YOUR 485 IS APPLIED YOU DONT HAVE TO WORRY ABOUT ENDING OF L1 AS YOU WILL FALL UNDER ADJUSTMENT OF STATUS. ANYONE FEEL SOME DIFFERENT PLEASE CORRECT ME.

Hey,
Can you provide the link from where u read or know this information about:
- L1 visa holders can file 140 and 485 instantly?

My question is , does an L1 not require the Labour Cert (PERM) ??
 
My question is , does an L1 not require the Labour Cert (PERM) ??

It depends. If you are in the US as an L-1A multinational manger, then your employer can file an EB-1c I-140 for you without an LC. However, if you are not here as a manager and are instead on an L-1B, then you are unlikely to qualify for EB-1.
 
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