Applying for GC through spouse's Company

[visainus]

Presently myself and my spouse both are employed here in US with different employers and visa categories. I am on H1B, while my spouse is on L1A.
Now, my spouse's organization has agreed to file a GC for him (and his family) in the EB1 category . So, my question now is, since i am not here as his dependant on a L2 visa, , can I be included in his GC application by his company , continuing being employed with my current employer and holding on to my present H1 B ? or do i need to be listed as his dependant, for the company to process my GC along with his ?
Kindly advise .

Thanks

 

[Jackolantern]

You don't need to be in L2 status to be included as a derivative to your spouse's EB1 application. Your spouse also doesn't even need to have an L1 to be approved in EB1.

It's common for L1 visa holders to obtain green cards under EB1, but that's because the qualifications for both are similar for the multinational-intracompany transfer manager option, it's not because there is any direct connection between the visa and the GC.

 

[visainus]

You don't need to be in L2 status to be included as a derivative to your spouse's EB1 application. Your spouse also doesn't even need to have an L1 to be approved in EB1.

It's common for L1 visa holders to obtain green cards under EB1, but that's because the qualifications for both are similar for the multinational-intracompany transfer manager option, it's not because there is any direct connection between the visa and the GC.

Thanks for the response. So what i understand is, I can continue on my H1, till the GC application is approved and processed - will there be any change in my visa category/status in between ? Also, what happens if i want to travel out of US in between - can i travel or i need to wait until i get my GC ?
My H1 expires on Dec 2013 - the other question is, is the GC is applied before that, do i still need to apply for my H1 extension ?

 

[Jackolantern]

Thanks for the response. So what i understand is, I can continue on my H1, till the GC application is approved and processed -

Yes, you can continue with your H1B until the GC is approved or the H1B expires (assuming you don't lose H1B status for some other reason like a layoff).

will there be any change in my visa category/status in between ?

If your H1B is unexpired and you keep working in the same job and have no other jobs obtained via EAD, you'll maintain your H1B status while the GC application is in progress.

Also, what happens if i want to travel out of US in between - can i travel or i need to wait until i get my GC ?

You can travel while the I-485 is pending, but to return to the US before GC approval you'll need a valid H1B visa in your passport (unless you have a Canadian passport, in which case you can show the H1B approval notice without needing a visa), or Advance Parole.

My H1 expires on Dec 2013 - the other question is, is the GC is applied before that, do i still need to apply for my H1 extension ?

To continue working in the US after your existing H1B expires, you'll need an H1B extension or EAD (I-765). The EAD takes about 2-3 months to be approved, so make sure to apply for it by September if possible so it can be approved before your H1B expires.

 

[visainus]

Yes, you can continue with your H1B until the GC is approved or the H1B expires (assuming you don't lose H1B status for some other reason like a layoff).


If your H1B is unexpired and you keep working in the same job and have no other jobs obtained via EAD, you'll maintain your H1B status while the GC application is in progress.


You can travel while the I-485 is pending, but to return to the US before GC approval you'll need a valid H1B visa in your passport (unless you have a Canadian passport, in which case you can show the H1B approval notice without needing a visa), or Advance Parole.


To continue working in the US after your existing H1B expires, you'll need an H1B extension or EAD (I-765). The EAD takes about 2-3 months to be approved, so make sure to apply for it by September if possible so it can be approved before your H1B expires.

thank you so much for the responses.
I just had a doubt though, when you say i can opt for EAD (I-765) - this means converting to L2 and then applying EAD, right ?

 

[Jackolantern]

No, I was referring to EAD obtained via the green card process (specifically the I-485, which allows you to apply for EAD concurrently).

Note that applying for or obtaining EAD won't affect your H1B status. Actually using the EAD would terminate your H1B status.

 

[visainus]

No, I was referring to EAD obtained via the green card process (specifically the I-485, which allows you to apply for EAD concurrently).

Note that applying for or obtaining EAD won't affect your H1B status. Actually using the EAD would terminate your H1B status.

Thanks a lot for clarifying all my doubts, this was really very helpful.