L1 to Green Card

[rosag]

Hi All,
If I have L1 visa and I want to stay permanently in US for long term. And I am working for say 2 or 3 years on L1. And then I get H1 stamped and start working. Will my number of years on L1 count for getting Green card or I need to start fresh from 0 years on H1.

Basically if I have L1 is there any way that I can get Green Card, even if my company is not applying for it. Coz I know that my company (employer) does not file for Green Card for L1 visa holders.

Any ideas would be of great help.

Thanx & regards
RoSaG

 

[Studious]

Hi All,
If I have L1 visa and I want to stay permanently in US for long term. And I am working for say 2 or 3 years on L1. And then I get H1 stamped and start working. Will my number of years on L1 count for getting Green card or I need to start fresh from 0 years on H1.

Your stay on L1 for 2 or 3 years period will be counted towards the period of 6 years applicable to H1 visa.

Basically if I have L1 is there any way that I can get Green Card, even if my company is not applying for it. Coz I know that my company (employer) does not file for Green Card for L1 visa holders.

Another employer can start processing your Green Card by showing you as a future employee. But you have to leave your current employer and work for the prospective employer in the later stages of processing before green card is issued. With the new PERM procedure, there are additional difficulties in processing your GC as a future employee. Nevertheless, it is possible to process your GC if you have a genuine case. I would suggest that you consult with an attorney.

Any ideas would be of great help.

Thanx & regards
RoSaG

 

[rosag]

Thanx Studious for a detailed reply.

I will tell you my exact situation. My plans are to settle in US for long time. Now I have two options either apply for H1 and go to US. Another one is go to US on L1 from my current company (employer). If I go for H1 my company still wont consider it. That means I have to go for H1 on my expense. That is something like 2500 USD thru agents. I dont want to spend the money if my company sends me to US on L1.

Like the situation is bit dicy. I dont have confirmation that I will go to US on L1 from my current company, and on same time H1 quota for this year is open. Like if I loose this time for H1 I have to wait another year. And if I apply for H1 and go to US on L1 then my 2500 USD are blown away. I have a question how long does the H1 quota last. I mean does it get finished very quickly ? Any ideas ? Please guide me what shall I do. Shall I go for H1 or wait few weeks for a response from my company for L1.

regards
RoSaG

 

[Studious]

Thanx Studious for a detailed reply.

I will tell you my exact situation. My plans are to settle in US for long time. Now I have two options either apply for H1 and go to US. Another one is go to US on L1 from my current company (employer). If I go for H1 my company still wont consider it. That means I have to go for H1 on my expense. That is something like 2500 USD thru agents. I dont want to spend the money if my company sends me to US on L1.

Now, USCIS is charging a higher fee for H1B. You have to pay $3,200 approximately to USCIS alone plus you have to pay the attorney's fee, if you hire one. The total cost to process your H1B would range between $4,500 and $5,000 depending on the attorney you hire. However, if the sponsoring employer has 25 or less employees, you would save $750 of the total cost.

Like the situation is bit dicy. I dont have confirmation that I will go to US on L1 from my current company, and on same time H1 quota for this year is open. Like if I loose this time for H1 I have to wait another year. And if I apply for H1 and go to US on L1 then my 2500 USD are blown away. I have a question how long does the H1 quota last. I mean does it get finished very quickly ? Any ideas ?

Last year, the H1B cap of 65,000 had been reached in 6 months. You can find updates on H1B cap on uscis.gov. This site keeps you informed on how many H1B visas have been applied for and approved, and how many visas are still available.

Please guide me what shall I do. Shall I go for H1 or wait few weeks for a response from my company for L1.

I don't know anything about your company and what your plans are. You have to make certain decisions yourself. But if you want to start working in US on H1B from October 1, 2005, you'd better decide either way before the cap is reached. I can only suggest that you make up your mind before July 31, 2005. Good luck.

regards
RoSaG