Greencard

[jendoyle]

Hello I was wondering if someone can help answer my question about the greencard process. My husband and I are currently living in Houston Texas and my husband's company is willing to sponsor him for a greencard. He is currently on an L1-B visa. I am not sure what category he would fall under and the immigration lawyers have to look into it. It is possible he could file for EB-2 however if he can't I know there is a long wait under the EB-3 category and we only have up to 5 years that we can stay on an L1-B visa. My question is then what happens if the 5 years is up before we get the greencard? Do we have to leave and if so would our greencard application be abandoned? Any help you can give me would be great. I am thinking it might not be worth waiting for the greencard but want to make sure I am making the right decision. My husband works for a NASA contractor so obviously in his line of work being in the States offers him more opportunities. Thanks so much....

[Steven]

Do we have to leave

Yes, assuming the visa number hasn't come up yet, depends where you are in the process, but assuming you haven't got anything from USCIS by that point and are simply waiting you would have to leave.

and if so would our greencard application be abandoned?

No, the employer can get the I-140 amended to put your Canadian address on it so when the visa number comes up you have to apply for an immigrant visa, rather than applying for AOS if you were still in the US.

If he's an engineer or something like that I would have thought the best idea would be to change status to TN-1. The problem is that TN-1 is not dual status so then you would basically have to use consular processing.

But worry about that if he falls into EB-3, if he's in EB-2 it won't take five years. Frankly even in EB-3 Skilled Worker it may not take five years but it depends on how long you've been there already obviously. Usually takes about 3.5 years for a visa number to come up, but then you've got the AOS to do as well.

If his employer can get some sort of letter of recommendation from NASA he will be able to get EB-2 I would have thought. Anything on US Govt. letterhead is solid gold when it comes to filing I-140s.

[jendoyle]

Thanks Steven. You really seem to know your stuff. My husband is an engineer and we were originally on a TN visa for a year but realized an L1-B would be better for us because it would give me work authorization.

Just so I have this straight. If we get a visa number before our L1 is up we can stay? I am a little confused because I have read of people switching to an H1-B visa from an L1 so that they can get a greencard because the H1-B you can renew in yearly increments but the L1 you can't. I really don't want to get a job down here and have him have to switch to an H1-B since it is unlikely to get one and I would lose my work authorization as well.

Anyway thanks for any help or insight anyone can give on this whole process. I am really leaning towards not bothering with the greencard and heading home but want to make sure I have my facts straight before we decide. As I said before if it wasn't for his line of work I wouldn't even consider getting a greencard. It seems like a nightmare. Thanks again.

[Steven]

The only real advantage to H-1B is that you can stay for six years instead of five and it is renewable in three years increments rather than 1/2/2. TN-1 is the one that can (in theory) be renewed endlessly, now in three-year increments, however in reality the CBP officer can see from the entry record how long you've had TN-1 and as it is supposed to be "temporary" sooner or later they stop believing you (when is hard to say).

But as far as I-140 is concerned there is no difference between H-1B and L-1B. People change status from TN-1 because it is slightly less hassle to get LPR status from other categories than TN-1.

If the visa number comes up, then you can apply for AOS using that number and you can get EADs concurrently with that application so basically at that point you are living there and still working and just awaiting bureaucracy to take place.

I suppose if you did run out of time it would be more sensible to change to H-1B because it is easier to go from that to permanent residence, but going from L-1B to TN-1 is simpler.

Really the key point is whether he falls in EB-2, if he does then the application will be approved relatively quickly.