L1 Visa expiring

A

adsafc73

New Member
Hi My L1 visa will expire in July 2005. It was issued in July 2000 and then extendd for 2 years in 2003.

I am now married to a US Permanent resident and am about to apply for a green card (Either through employee or spouse)

My question is this. When my L1B visa expires will I be able to remain in the US and continue working whislt my Green Card application is in progress?

Thanks

Adam
 
Originally posted by adsafc73
Hi My L1 visa will expire in July 2005. It was issued in July 2000 and then extendd for 2 years in 2003.

I am now married to a US Permanent resident and am about to apply for a green card (Either through employee or spouse)

My question is this. When my L1B visa expires will I be able to remain in the US and continue working whislt my Green Card application is in progress?

Thanks

Adam
Click to expand...
No, marriage to an LPR does not give you any avenue to remain in the US. If your current non immigrant status expires you will have to either move into another status OR leave the country.
 
Hi, When you said unless i move to another status, what does this mean? Does that mean another classification of visa status? I guess I will be in limbo until I can be granted a green card right?

Thanks for the information.
 
Originally posted by adsafc73
Hi, When you said unless i move to another status, what does this mean? Does that mean another classification of visa status? I guess I will be in limbo until I can be granted a green card right?

Thanks for the information.
Click to expand...
You can move to H1. Any other status like F1 or B2 requires no intent to immigrate.
You will be in a limbo until your immigrant visa petition is approved and your priority date is current.
If your spouse acquires US citizenship then you will be able to file for Adjustment of status since you will no longer come under annual quotas.
If your employer is also willing to file for your green card, go ahead and proceed. It gives you some benefits like ability to stay beyond 6 years if a labor certification or I-140 is pending.
 
Adam,

Assuming GC through employment:
You should have filed for your AOS (I-485) prior to July 2005 to be able to remain in the US, under L1(B?). If you're just starting GC process, may be there isn't enough time if you have to do labor (guessing yours is L1-B since you mentioned 5 yrs; 2000-2005).

So, best option is to file for COS to H1-B that allows you AC-21 benefits. You can file for H1-B as soon it is available in Sep/Oct 2004. If you file your LC prior to 365 days while you're on H1-B, it allows you 7th,8th,.... yr extensions until you file for your I-485.

Not much I know abt. being married to Permanent resident. But, I think you will still be subjected to country quota if you fall under one. However, the case might a little different if your spouse were to be a US citizen.

The above should define/grant you the right COS or lawful presence to continue working

Good Luck
 
Thanks for that information. In fact it seems that is what I am going to do. Talking to my company's immigration lawyers they are beginning the process to change status from L1B to an H. Then the application for a green card begins.

Thanks again for the response. This is a great Forum and very helpful
 
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