Implications of L1 A extension

S

sn1020

New Member
I am on L1 A status since Feb 05 and visa is due to expire in Jan 2010. My company had decided to sponsor a GC for myself and my spouse in dec'08(spouse also in US on a seperate L1 B visa), but due to the current economic situation have decide they will reconsider after 6-8 months.

1) Can I request for an extension of the L1 A status for another 2 years? If so, will I have to live outside of the US for a year afterwards?

2) I am getting conflicting inputs on wethere or not I will be eligible for a GC sponsorship after the first 5 years on this visa. If I can apply for GC even after the 5 year period, will I still have to remain outside the US for a year after total 7 years?

Does anybody have an experience with a similar situation?
 
1. your employer can apply for L1A extension for another 2 years and this will be the last renewal in the 3-2-2 program. With no change to your green card status, you will need to live outside the US for one year after Jan-2012 (subject to renewal in JAN-2010 for another 2 years).

2. I do not know the answer to your second question as I am also in the same boat as you are.
 
I researched further on your second question, which is applicable to me as well and found this answer. One can apply for GC anytime during the 7 year duration. This process is parellel and your existing L1A status is not affected by it. One of the basic requirement is "the alien must have been employed outside the United States in a managerial or executive capacity for at least one year in the three years prior to the filing of the petition (if the worker is currently in the U.S. working for the same prospective U.S. employer, the three year period preceding the worker's entry to the U.S. as a non-immigrant)" as per americanlawdotcome site.

Now, if your green card is not approved until the expiry of your 7 year period, I am not sure you will need to go out of US till you get green card.
 
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