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L1B to H1B then green card

Greenwich, CT |

My employer wants to transfer me to h1b after only 1.5 years on l1b, reason they gave is they don't want to pay for l1b renewal then have to apply for h1b only one year later. They have said they will file for a green card once I am on a h1b as filing on l1b could result in nearing the 5 year max before the g/c is completed. I have a masters degree and my role requires cpa, or MBA or equivalent. I am wondering if I should ask for g/c filling on l1b as eb2. I was born in the UK, I am lead to believe it would only take a few months to get approved?

Attorney Answers 2

Posted

How long the PERM application will depends on whether the application is audited by the government. It could take a few months, or up to 2 years. Not a bad idea to COS to H-1B. H-1Bs can be extended over and over if you do not get a green card right away. L-1Bs can not.

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Carl Shusterman, Esq.
Former INS Trial Attorney
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600 Wilshire Blvd., Suite 1550
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(213) 394-4554 x0
Web: www.shusterman.com (English)
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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Posted

H1B is a good visa that allows long-term employment with a PERM filed. But few months to get approved?-- unlikely, depends on category and priority date. Talk to the company's lawyer.

An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.

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