L visa and Greencard

[questionman]

• Got an L1 visa stamped in Bombay with a validity of March 2004 to March 2005. This visa application had the “Manager” checked off.
• Entered US on this Visa in April 2004
• Went back to India from Aug 2004 to Oct 2004. Re-entered US in Oct 2004 on the same visa
• Since Visa was expiring in March 2005, company applied for extension. Extension was approved till March 2007. The I-94 that was received for this extension had class specified as L1B.
• Now company is exploring the best way to file for my Green card.
• I have no plans to change employers

My questions are:

• Can my GC be filed with my visa situation? Do I need to change to an H1 through the same employer to file for a GC? I ask this because my visa extension will expire in March 2007.
• If GC is filed with my current visa, its almost certain that I would need another extension of this L1. Is it possible? Is there a cap on how many times an L1 can be extended?
• Would I get the advantage of Labor clearance waiver considering my original visa was L1 for Manager but the extension of the same came under L1B?
• Are there ways to get a labor clearance waiver with L1B visa?

 

[thyramax]

Read my replies below

•

My questions are:

• Can my GC be filed with my visa situation? Do I need to change to an H1 through the same employer to file for a GC? I ask this because my visa extension will expire in March 2007.

No need to convert to H1B, You can file for your GC when you are in L1.


• If GC is filed with my current visa, its almost certain that I would need another extension of this L1. Is it possible? Is there a cap on how many times an L1 can be extended?

L1B is valid for 5 yrs and L1A for 7 yrs. Since you are in L1B, you cannot change to L1A for now.

Imagine you are not getting your GC till your 5th yr on L1B, there is no way you can extend L1B beyond 5 yrs lke H1, so i suggest you to convert to h1b after the 4th yr, to be safe and to be eligibile to apply for 7th yr H1B visa. Again, you will have to file fresh H1B under 65k cap.

• Would I get the advantage of Labor clearance waiver considering my original visa was L1 for Manager but the extension of the same came under L1B?

No. The first one you got would have been blanket. the current visa superseeds everything.

• Are there ways to get a labor clearance waiver with L1B visa?

No Way possible, only L1A can have waiver, L1B is similar to H1B with 5yr limit and not extension possible after 5th yr.

Good luck

/QUOTE]