Filing PERM process on L1B or H1B

[monusoni]

Hi,

I have moved to US last year on L1B visa, My employer is about to start PERM process. For me the confusion is to move to H1B category and file for the PERM process and take it forward. Or i can be on L1B and file for the PERM and GC.

The benefit with filing on L1B is my spouse can also get EAD and work.

Major confusion for me to evaluated if there is any difference related to H1 or L1. Will it be possible later on for me to change my status from L1 to H1 after few years and keep continue on the PERM process and GC here on. ?

Please advice,

Monu.

[Attorney_22]

There are many considerations when determining what nonimmigrant status would be best for you when pursuing the PERM green card process. Such considerations include L2 work authorization, H1B v L1B time limits, and your personal circumstances and long-term immigration goals. Therefore, it is advisable to speak directly with a qualified U.S. immigration attorney knowledgeable in these matters who can take the time to advise you appropriately. The Murthy Law Firm has very well-regarded attorneys with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation.

[cowboys26]

Originally posted by monusoni:

Hi,

I have moved to US last year on L1B visa, My employer is about to start PERM process. For me the confusion is to move to H1B category and file for the PERM process and take it forward. Or i can be on L1B and file for the PERM and GC.

The benefit with filing on L1B is my spouse can also get EAD and work.

Major confusion for me to evaluated if there is any difference related to H1 or L1. Will it be possible later on for me to change my status from L1 to H1 after few years and keep continue on the PERM process and GC here on. ?

Please advice,

Monu.

From an employee perspective its always better to be on H1. On L1 there are no wage restrictions and if the employer is not ethical he may try to take advantage of it.

[monusoni]

Originally posted by cowboys26:

From an employee perspective its always better to be on H1. On L1 there are no wage restrictions and if the employer is not ethical he may try to take advantage of it.

The only reason i am thinking of being on L1B is to keep spouse EAD active.

Apart from this wage and ethical point of view. Do you see any serious problem when covering L1B to H1B in future, that can harm PERM/GC process.?

Thanks in advance

[monusoni]

Originally posted by Murthy Law Firm Attorney 22:

There are many considerations when determining what nonimmigrant status would be best for you when pursuing the PERM green card process. Such considerations include L2 work authorization, H1B v L1B time limits, and your personal circumstances and long-term immigration goals. Therefore, it is advisable to speak directly with a qualified U.S. immigration attorney knowledgeable in these matters who can take the time to advise you appropriately. The Murthy Law Firm has very well-regarded attorneys with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation.

Isn't These consideration standard for most of the cases. I mean what is so special in the question. There is definitely known advantage and disadvantage of L1B and H1B time line. Extension is also a factor being on different visa.

The main confusion for me is to mitigate any risk involving conversion of status from L1B to H1B when PERM is already started. This is future condition.

Whom shall i call up?

Thanks in advance.

[Transformer]

GC is for future employment. It doesn't matter currently you are in L1 or H1. If it is beneficial for you to say on L1 you can. If you GC is under progress, you can stay beyond 6 yrs on H1, which is not possible in L1. So, you have to convert to H1 in the future. Your pending GC process is not going to influence anyway, when you convert from L1 to H1 in the future.