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...
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.
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.
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
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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