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Which one of L1B & H1 leads to easier green card?

Atlanta, GA |
Filed under: Immigration Green cards

I am planning to study on L1 while working ,then ask my firm to apply for my greencard.

Can I do the same on H1?

Which of the visas is better...
Thanks

Attorney Answers 4

Posted

For both types of visas, you have to go through the same route to get a green card. Usually, you do PERM, I-140 and I-485. The advantage of an L-1B is that there is no numerical cap, so your employer can apply for an L-1B for you now. For a cap-subject H-1B, your employer must wait until April1, 2012 to petition for you, and you must wait until October 1, 2012 to start working. However, the L-1B is limited to 5 years in duration with no extensions after that. The H-1B is limited to 6 years, but can be extended after the 6 years under certain conditions.

(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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Ashkan Emami

Ashkan Emami

Posted

Good answer

Posted

You can be either on H-1B or L-1B to file a GC under either the EB-2 or EB-3 category, depending upon your education//experience and the position that your company has in mind. Either visas will do, but the H-1B allows you to remain in the US for an initial period for 6 years, while the L-1B is restricted to 5.

This opinion is not intended or offered as legal advice. Transmission of the information is not intended to create, and receipt does not constitute, a lawyer-client relationship between this site, the author(s), or the publisher, and you or any other user. Internet subscribers and online readers should not act, or fail to act, upon this information without seeking professional counsel.

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Asker

Posted

Sweta...Thanks for the info .. I have heard that for one of the visas(L1b /H1) , when we apply for a Green Card..I can stay in the US indefinitely . Am I right? Thanks for your help ...

Sweta Khandelwal

Sweta Khandelwal

Posted

I am not sure by what you mean by staying indefinitely. However, the H-1B Visa can be extended after 6 years if Permanent Residence is pending (the period of extension-1 year or 3 years) depends upon at what stage is the GC pending. While there is no provision to extend the L-1B beyond 5 years if the GC is pending. So you may have to leave the US after 5 years or convert the L-1B to H-1 if you want to continue to stay in the US.

Posted

There is no correlation between your nonimmigrant status and the green card process. What matters for the green card is the position offered. Both options indicate that your employer must obtain Labor Certification so that there is no difference.

San Francisco Immigration Attorney for removal defense, all work visas and avenues to permanent residence, investors, and naturalization. Call 415.834.0600 for free phone consultation - mention Avvo! 235 Montgomery Street, Suite 728, San Francisco, CA 94104 / www.lawbridges.com

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Posted

I agree with my colleagues above. However, if you are in L-1a status, you may be eligible to apply for an EB-1, multinational executive. That will allow you to bypass the department of labor and therefore have a quicker and less laborious process in obtaining permanent residency.

Debbi Klopman, ESq.
398 Bergen Street
Brooklyn, NY 11217
www.debbiklopmanlawoffice.com
dkny430@aol.com
718 622 1208
This advice was intended to be general in nature and not to be taken as a legal opinion or legal advice and was not deemed to create an attorney-client relationship

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