L2 -> GreenCard birthplace=Spain

[sanamanghnani85@gmail.com]

Hi

 

I want to know if my employer can file green card for me. I am on L2 and have valid EAD. I am working since more than 2 years now.

And since my birth place is Spain, will it affect my current date (Priority Date).

Any help would be highly appreciated. I can take further steps with the help of your answers.

 

Regards,

Sana

[pontevecchio]

EB2 for Spain would be current. Only your employer can tell you whether they will file for you.

[JoeF]

You would fall in the ROW (Rest of world) quota.

[sanamanghnani85@gmail.com]

I am born in Spain, husband born in India. Both are Indian citizens.

I am on L2, husband on L1A

Husband came on L1B, converted to L1A while in US (10/2012)

L2/EAD and L1A - expiring on 10/12/2014

Chances of L1A extension (for 2 more years) are slim

Husband's stay in US: 11/2009 through todate (never left US). Will complete 5 yrs in 10/2014

Husand's total IT experience=7 years (3 years outside US, 4 years in US) as of date.

My total IT experience: 7 years with gaps (3.5 years outside US, 2.5 years in US)

My total stay in US: First entered US - May 2010, total stay to-date = 3 years and 1 month

 

I am trying to understand what are our options, max date by which the action should be taken and associated risks, to continue stay in the US for a longer term (including permanent residency).

 

Few options in our mind:

1. Husband's employer files GC in EB1C (looks difficult because he has entered on L1B)

2. Husband's employer files GC in EB2 using spouse country of birth(Spain) as cross-chargeable so as to get current date in EB2 processing.

3. My employer files GC on L2-EAD (by when would we have a GC EAD, and what happens to my husband's status in that case)

4. My employer files an H1 in Apr 2014 and EB2 GC in Oct 2014 (What if he does EB2 GC now, then H1 in Apr 2014)

5. Husband looks for another employer who does H1(in Apr 2014) and EB2 GC(in Oct 2014) both  (because GC has to be done 365 days before max L+H=6 yrs stay -which ends Oct 2015? Correct me if I am wrong)

6. I think I am eligible for Diversity Visa GC lottery DV-2016(correct me if I am wrong), but that can be done only in October 2014 and it's results would take time. (Which is again a lottery I believe)

7. Other options that are more safe and viable considering that H1 in Apr 2014 is most likely going to be a lottery.

 

 

Appreciate you reading through and helping us out.

[pontevecchio]

Option 2 is good. Please discuss these avenues with a Lawyer to get more specific knowledge. Basically if you were born in Spain either of you can use that for a EB2 filing. L1A plus H1 time would give him 7 years.