L1b EB3 and then move onto H1b?

[sureshv120]

Hi,

 

Firstly, I am sorry if this is not a very intelligent question. I don't know too much about immigration stuff.

 

Now the scenario and the question. Currently, I am on L1b with four years remaining in my 5 year time period. Is the below scenario possible?

 

a. My company start the GC process under EB2(Yes, I qualify for EB2)

b. Shift me to H1b(they are willing to sponsor H1b and this will be done as GC under EB2 for Indian will take 7-10 years and I can't stay on L1b for that duration of time.) Will the same GC process that was initiated on L1b hold good when I shift to H1b? My main motive is to start the GC process asap so I would like get things started on L1b and then shift to H1b retaining the same GC process. This saves me time instead of first applying for H1b and then starting GC process. Can this work out?

 

Also another few follow up questions.

 

a. I know that the GC process is to file a LC from DOL. Then I-140 and then the I-485. If on H1b then at which stage can I shift employer retaining my GC Process.

 

b. When does one get EAD in the entire GC process. Say GC takes 10 years, then when would an EAD be expected?

[rahul412]

GC is for future employment. So it doesn't matter what is your current status( L1, H1 ,H4)...

You will get your EAD when your PD is current,.

[sureshv120]

Hi,

 

Any comments on my other question

 

"a. I know that the GC process is to file a LC from DOL. Then I-140 and then the I-485. If on H1b then at which stage can I shift employer retaining my GC Process."

 

Also say I need to go back to India, will the GC process initiated in the US still be valid while in India? or will the GC process become void?

[rahul412]

Hi,

 

Any comments on my other question

 

"a. I know that the GC process is to file a LC from DOL. Then I-140 and then the I-485. If on H1b then at which stage can I shift employer retaining my GC Process."

 

Also say I need to go back to India, will the GC process initiated in the US still be valid while in India? or will the GC process become void?

Again, GC is for future employment. So it won't matter whether you are working for this employer or not. You should work for that employer after you get your GC. And also it doesn't matter whether you are in US or India GC processing will go on.