L2 to greencard - Urgent help required

[Ashwini M]

Hi,

I am on L2 visa (dependent visa) and currently working as a contractor in a company which has offered me a permanent position. My consultant has asked me, what needs to be done from their side for me to get an independent status and become a permanent employee.

Since the H1 cap is closed for this year, I want to know if there is any other way that I can get an independent status (L1, greencard, etc.)

Please guide me.

1. Can my company start my greencard processing.
2. If the greencard processing has started and my Husband who is on L1 has to move back to India, what will happen to my greencard processing.
3. Can I stay back here once the greencard process has started even if my husband moves back to India.
4. What will be my visa status when my husband has moved back to India and if my greencard processing has started.
5. What will be the duration of prermium greencard processing and its approximate expenses.

Thanks a lot in advance

 

[techie8]

Here are my two cents on this. You might also want to consult with a competent immigration attorney.

1. Can my company start my greencard processing.

Yes. But prior to that you will have to get an H1 visa. You do not qualify under L1 since L1 is considered an intracompany transfer and unless you have worked for the same company outside the US for a miniumum period of time prior to coming to the US, you do not qualify for the L1 visa. Even if you have worked, you need to demonstrate specialized knowledge that only employees of your company had or you need to demonstrate that you were working in a managerial capacity for the same firm outside the US.

2. If the greencard processing has started and my Husband who is on L1 has to move back to India, what will happen to my greencard processing.

Once it is started, it will continue to get processed except under certain circumstances. For example, if you leave the US without an Advance Parole document after filing your I-485, then your I-485 will be considered abandoned. But in general, once the process is started, your case would be independent of your husband's visa status.

3. Can I stay back here once the greencard process has started even if my husband moves back to India.

Yes.

4. What will be my visa status when my husband has moved back to India and if my greencard processing has started.

You will be in the same visa classification as when you start the GC process, which in all likelyhood will be H1 initially.

5. What will be the duration of prermium greencard processing and its approximate expenses.

There is no such thing as premium greencard processing. If you qualify under the L1A visa category, then you can get your GC in about 6 months (see my signature). However, if you fall under the H category EB3, I would say that the average will be about 4 years.

Good luck !

 

[Ashwini M]

L2 to greencard

Thanks a lot for replying. I am currently on L2 visa and not L1. So will the answer change now.

First and foremost, since I am on L2, can I accept the permanent postion in the company.

Please reply.

 

[Ashwini M]

Here are my two cents on this. You might also want to consult with a competent immigration attorney.




Yes. But prior to that you will have to get an H1 visa. You do not qualify under L1 since L1 is considered an intracompany transfer and unless you have worked for the same company outside the US for a miniumum period of time prior to coming to the US, you do not qualify for the L1 visa. Even if you have worked, you need to demonstrate specialized knowledge that only employees of your company had or you need to demonstrate that you were working in a managerial capacity for the same firm outside the US.




Once it is started, it will continue to get processed except under certain circumstances. For example, if you leave the US without an Advance Parole document after filing your I-485, then your I-485 will be considered abandoned. But in general, once the process is started, your case would be independent of your husband's visa status.



Yes.



You will be in the same visa classification as when you start the GC process, which in all likelyhood will be H1 initially.




There is no such thing as premium greencard processing. If you qualify under the L1A visa category, then you can get your GC in about 6 months (see my signature). However, if you fall under the H category EB3, I would say that the average will be about 4 years.

Good luck !

Hi,

Thanks a lot for replying. I am currently on L2 and not L1. So will the reply change now.

My main concern here is - can I go ahead and accept the permanent position in the company (which has offered me a permanent postion) in which I am working as a contractor.

Please give your valuable input.

Thanks & Regards,
Ashwini

 

[Ashwini M]

Can someone please reply to my question? It will be of great help.

Thanks,
Ashwini

 

[techie8]

Can someone please reply to my question? It will be of great help.

Thanks,
Ashwini

Yes. You can work and accept the position. However, please be aware that just having an L2 visa does not entitle you to work. Having an L2 visa entitles you to apply for an EAD (Employment Authorization Document) after paying the fees. Once you get the EAD, you have to apply for the SSN (Social Security Number). You need to provide the SSN to your employer so that they can withhold the appropriate taxes on your income.

You cannot start working till the till you get your EAD.

Hope this helps.

Good luck !

 

[Ashwini M]

L2 to greencard - Urgent

Thanks a lot for replying.

I got my EAD processed last year and got my SSN too. I started my work after that. I have completed around 7 months of work. Now the company is offering me a permanent position.

1. My concern here is - Can I accept the permanent postion being on L2?

2. What should I do to stay in my company even if my husband moves back to India - since he is on L1 professional visa?

3. What visa should I apply for?

4. Can the company directly start my greencard processing while I am on L2?

5. Should I go back with my husband if my greencard or other visa processing has started?

6. What will be my greencard or new visa status (that will still be under processing) if I have to move back to India with my husband?

7. If the company does not process my greencard and accepts to process some other visa- which visa should it be?

8. Can I go for a student visa now and what will be its course in my scenario?

Kindly reply.

Thanks,
Ashwini

 

[Ashwini M]

L2 to greencard - Urgent

Yes. You can work and accept the position. However, please be aware that just having an L2 visa does not entitle you to work. Having an L2 visa entitles you to apply for an EAD (Employment Authorization Document) after paying the fees. Once you get the EAD, you have to apply for the SSN (Social Security Number). You need to provide the SSN to your employer so that they can withhold the appropriate taxes on your income.

You cannot start working till the till you get your EAD.

Hope this helps.

Good luck !

Thanks a lot for replying.

I got my EAD processed last year and got my SSN too. I started my work after that. I have completed around 7 months of work. Now the company is offering me a permanent position.

1. My concern here is - Can I accept the permanent postion being on L2?

2. What should I do to stay in my company even if my husband moves back to India - since he is on L1 professional visa?

3. What visa should I apply for?

4. Can the company directly start my greencard processing while I am on L2?

5. Should I go back with my husband if my greencard or other visa processing has started?

6. What will be my greencard or new visa status (that will still be under processing) if I have to leave move back with my husband?

7. If the company does not process my greencard and accepts to process some other visa- which visa should it be?

8. Can I go for a student visa now and what will be its course in my scenario?

Kindly reply.

Thanks,
Ashwini

 

[techie8]

Here are my comments on this. Other more experienced members might also want to add more. You might also want to seek the consultation of a competent attorney.

1. My concern here is - Can I accept the permanent postion being on L2?

The L and H category of visas are dual intent visas. That is, it is okay to have immigrant intent when you have an L and H visa. Due to this, it is okay to accept a permanent position when you are on L2 and possess a valid EAD.

2. What should I do to stay in my company even if my husband moves back to India - since he is on L1 professional visa?

Once you are admitted in L2 status and have employment authorization through an EAD, your status is independent of whether your husband relocates back to India. It is entirely conceivable that the primary applicant (in your case your husband) needs to go in and out of the country since L1 is an intracompany transfer and moving across offices for work is considered okay. However, please note that if you continue on L2 status and need to extend your work authorization while your husband is in India, it would not be possible to extend L2 visa since L2 is a dependent visa. However, there is no problem in staying in the country and working as long as your I-94 and EAD are valid.

3. What visa should I apply for?

It is best to be in H1 visa for various reasons. For example, H1 visa can be extended indefinitely under certain circumstances if your GC is pending. However, there is no such provision for the L visa. Also, if you are laid off while on H1 visa, you have some grace period to leave the country. There is no grace period for the L2 visa.

4. Can the company directly start my greencard processing while I am on L2?

Yes. The Green card is always for a future job. The company can start your GC processing even when you are in L2.

5. Should I go back with my husband if my greencard or other visa processing has started?

Not necessarily. If you convert your visa classification to H1 or don't need an L2 renewal, you should be fine. However if you need L2 renewal, you cannot get it unless the L1 is renewed as well. Also, you have the option of starting your green card processing and going to India and opting for consular processing. This means that you wait in India till the GC is approved before you can come to the US. Depending on your background and EB category, it might take several years though.

6. What will be my greencard or new visa status (that will still be under processing) if I have to leave move back with my husband?

In most situations, your processing will continue. However, if you file your I-485 (last stage of GC) and then leave the country without an Advance Parole document, your I-485 will be considered abandoned. However, most people do not have to worry about this till their priority numbers become current.

7. If the company does not process my greencard and accepts to process some other visa- which visa should it be?

As long as you maintain your L2 status with a valid EAD, you are fine. No other visa status is required. However, if you choose to stay back after your husband leaves and your L2 status is about to expire, you have to convert it to an H1 visa if you are an Indian citizen. If you are a Canadian citizen, then there are other options available.

8. Can I go for a student visa now and what will be its course in my scenario?

I am not too sure about this as I have never held a student visa in the US.


Good luck !


Kindly reply.

Thanks,
Ashwini

 

[Ashwini M]

L2 to greencard

Here are my comments on this. Other more experienced members might also want to add more. You might also want to seek the consultation of a competent attorney.




The L and H category of visas are dual intent visas. That is, it is okay to have immigrant intent when you have an L and H visa. Due to this, it is okay to accept a permanent position when you are on L2 and possess a valid EAD.



Once you are admitted in L2 status and have employment authorization through an EAD, your status is independent of whether your husband relocates back to India. It is entirely conceivable that the primary applicant (in your case your husband) needs to go in and out of the country since L1 is an intracompany transfer and moving across offices for work is considered okay. However, please note that if you continue on L2 status and need to extend your work authorization while your husband is in India, it would not be possible to extend L2 visa since L2 is a dependent visa. However, there is no problem in staying in the country and working as long as your I-94 and EAD are valid.



It is best to be in H1 visa for various reasons. For example, H1 visa can be extended indefinitely under certain circumstances if your GC is pending. However, there is no such provision for the L visa. Also, if you are laid off while on H1 visa, you have some grace period to leave the country. There is no grace period for the L2 visa.



Yes. The Green card is always for a future job. The company can start your GC processing even when you are in L2.



Not necessarily. If you convert your visa classification to H1 or don't need an L2 renewal, you should be fine. However if you need L2 renewal, you cannot get it unless the L1 is renewed as well. Also, you have the option of starting your green card processing and going to India and opting for consular processing. This means that you wait in India till the GC is approved before you can come to the US. Depending on your background and EB category, it might take several years though.



In most situations, your processing will continue. However, if you file your I-485 (last stage of GC) and then leave the country without an Advance Parole document, your I-485 will be considered abandoned. However, most people do not have to worry about this till their priority numbers become current.



As long as you maintain your L2 status with a valid EAD, you are fine. No other visa status is required. However, if you choose to stay back after your husband leaves and your L2 status is about to expire, you have to convert it to an H1 visa if you are an Indian citizen. If you are a Canadian citizen, then there are other options available.


I am not too sure about this as I have never held a student visa in the US.


Good luck !


Kindly reply.

Thanks,
Ashwini

Thanks a lot for all the information that you have given me. I will keep you updated.

Thanks & Regards,
Ashwini

 

[Ashwini M]

Thanks a lot for all the information that you have given me.

Thanks & Regards,
Ashwini