Legal Question in Immigration Law in Nevada
Green card application process from L-1 or H-1 - which makes more sense?
Dear Sir/Madam,
I currently hold an L-1B visa with my firm and have been advised by the immigration department to change this into a H-1B to aid with my green card application process. I am advised that this is quicker and safer route to ensure I pass the labour certification process.
I have however some reservations as some friends have indicated that an L-1 can sometimes bypass the labour certification process and in turn prove a much quicker route to obtaining the green card.
I would certainly appreciate any advice or experiences individuals can relate to here. To me this appears that it works in the firms favour, in that if they transfer me to a H-1 they will be able to keep me as an employee for a longer duration.
Your thoughts? Thanks so much in advance!
Thanks!
Adam
4 Answers from Attorneys
Re: Green card application process from L-1 or H-1 - which makes more sense?
you have no option. The H-1B cap was reached on Friday night. If I am not mistaken, you cannot go from L-1B to Permanent Resident. You have to be in L-1A status to move to Permanent Residence.
Re: Green card application process from L-1 or H-1 - which makes more sense?
Only the L-1A can bypass the labor certification process. You can try changing to L-1A. If that doesn't work, you can start the recruitment for the Labor Certification now and by the time it is finished, there will be new H-1B numbers.
Re: Green card application process from L-1 or H-1 - which makes more sense?
These days it is almost impossible to get grrncard through L1 approved. You are better off moving to h1B and labor certification process. Moreover because of PERM labor certification will be faster anyhow.
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Re: Green card application process from L-1 or H-1 - which makes more sense?
Hi Adam,
You need to look at the amount of time that you spent on your L1B so far to see if you will have enough time to stay in the US and wait for the approval. If you are reaching the end of your 5 year limit, perhaps changing to an H1B will not be a bad idea, but only in April as there are no numbers available now.
Alternatively, I would check to see if we can convert your L1B into L1A this is a normal transition as the L1B takes on a managerial position. Once you do that, you could by pass labor certification and go directly to file I140/485 with the Immigration, just had a client like that and he was able to get it converted.
Hope this helps, questions email [email protected]
Jacob Sapochnick
Attorney
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