L1 B blanket visa holder marrying LPR


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Hi,

Iam currently on an L1 B blanket visa valid until Nov 2013.I would soon be getting married to a legal permanent resident (LPR).

1.What are the options that I can maintain a non immigrant status in the US in case my L1 extension is not approved

2. If my L1 extension is rejected and I have to fly back to my home country, what are the options available for my spouse to bring me back to the US

3. I hold a valid B2 visa. Can I travel on this visa incase my spouse files for my I 130 (green card through family) after marriage ?

4. Is it legal to travel to the US and study on an F1 visa while my I130 (green card through family) is in process ?

5. Does being married to an LPR impact the chances of having the L1 renewed or applying for H1 down the road?

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The quota for spouses of Permanent Residents is several years back.

ANd once an I-130 is filed, it is pretty much impossible to use a B2 or an F1, since they don't allow immigration intent.

Being married to a Permanent Resident has no effect at all, neither positive nor negative, for an H1.

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Here is my opinion about the questions you posed

1.What are the options that I can maintain a non immigrant status in the US in case my L1 extension is not approved

a) H1-B: Best bet is to find a full time employer and let them file H1-B. If they sponsor Green Card for you on EB2 category, it would be ideal. Second option is to find a consulting firm in EC model and let them file H1-B & GC.

b) Another option is to study on F1. Since you showed immigration intent by marrying to a LPR and working on dual intent visa category (L1), I think in future when you might face a problem in F1 visa stamping.

2. If my L1 extension is rejected and I have to fly back to my home country, what are the options available for my spouse to bring me back to the US

He/She has only one option to bring you back that is applying for a family based green card category which in the current trend takes years to bring you back. I think It's wise to find your own way to get GC instead of your spouse sponsorship.

3. I hold a valid B2 visa. Can I travel on this visa incase my spouse files for my I 130 (green card through family) after marriage ?

I think yes you can as long as you are complying to the B2 visa guidelines.

4. Is it legal to travel to the US and study on an F1 visa while my I130 (green card through family) is in process?

This I am a little bit unsure as F1 is a single intent visa and H1/L1 & marrying to LPR are dual intent signs.

5. Does being married to an LPR impact the chances of having the L1 renewed or applying for H1 down the road?

Nope as both L1 & H1 are dual intent visas.

PS: My sincere advice, in your case it is ideal to find an H1-B employer either full time or in EC model. (better stay away from jobs/consultancies which has layers in between as they severely affect H1-B visa chances in the current trend)

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Same answers apply to you.

Not sure what is your PD with the current GC filed by family member. Check the visa bulletin, if it is going to become current soon. Then you may opt for I-485 AOS if you are in US OR opt for Consular processing when you are back to your home country after L1 extension is rejected.

If your PD is not going to become current any time soon.Best option for you is to find a full time employer and file H1 & GC with them before your 5 years on L1 OR 6 years on H1 period is over.

As JoeF said: Being married to a Permanent Resident has no effect at all, neither positive nor negative, for an H1/L1.

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