Need some help

[rahuldey]

Guys,

I need some help from you as I am really unaware of the VISA procedures/processes. Please do answer. I have stayed in the US for the duration of my 3 year L1-B VISA. I have currently applied for a L1 extension. It is under Initial Review. I am keen on staying in the US. So my questions are as follows: -

1.) Which is the best path in order to try and get a GC, years down the line. H1-B or should I study and come on a Students VISA or do what?

2.) Is it advantageous to apply for H1-B this year given that the cap has not yet reached the limit.

3.) Can I apply for H1-B while my LI-B extension is being processed? I also intend to go to India and get married in the next month or so. So should should I apply for H1-B from here itself or should I do it from India?

4.) What's the rule on the number of years one can stay in the US on L1/H1 combined?

Please advice. I am very confused.

 

[angela20]

L1 visa has 2 categories: L1A for Managers and L1B for speciality workers.
L1A can be extended up to 7 years, L1B upto 5 years while H1 is 6 years.

Requirements for L1A and EB1 green card category are similar, so if you qualify for L1A, you can request your company to sponsor your EB1 green card later.

Unique documentation that must be submitted for the H1B includes the Labor Condition Application (LCA) from the Department of Labor (DOL). While there is no DOL involvement in the L-1 petition, the L-1 employer must submit key corporate documents to verify that the business entity abroad and the business entity in the U.S., both, exist and are qualifying entities.

On H1B you can change the companies, you can transfer your H1B to other company and that is not possible with L1. You need to work only for the company which sponsors L1.

 

[littleadv]

1.) Which is the best path in order to try and get a GC, years down the line. H1-B or should I study and come on a Students VISA or do what?

Student visa will not bring you to GC, it is not dual intent. Only H1B/L1 allow you working towards GC while being in status.

2.) Is it advantageous to apply for H1-B this year given that the cap has not yet reached the limit.

It is if you want H1B. On H1B you can stay in the US for 5 years, while on L1B - for 6. But while waiting for GC, H1B can be extended, while L1B - not.

Can I apply for H1-B while my LI-B extension is being processed?

Yes

I also intend to go to India and get married in the next month or so. So should should I apply for H1-B from here itself or should I do it from India?

In India you apply for visa, within the US you change your status. These are not the same things. You need visa for travel outside of US, regadless of your status.

What's the rule on the number of years one can stay in the US on L1/H1 combined?

They overlap. If you change to H1B - you lose a year, but as I mentioned before - you can extend it if you're in the process for GC.