Immigration Issues/L1B to Greencard

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Question
Hi Ajay,

My husband's currently on L1B visa with a company which is ready to file his Greencard. My husband has completed 3 years on L1B visa and can continue for another 2 years during which his company will file his Greencard. what happens if his Greencard application is filed and is still pending(as it usually takes more than 3 years for greencard application approval) but his L1B visa gets expired. Will he have to leave US? I believe that in case of H1B, the applicant does not have to leave US if the Greencard has been filed. Does this apply to L1B.

Thanks

Answer
Hi,

Your husband will not be able to extend L1B status beyond an aggregate of 5 years even if the green card process is started for him. Extension beyond the limits applicable to a visa category based on starting the GC process on a timely basis are applicable only to H1B visa category.

Your husband will be required to depart the U.S. for at least one year when he reaches an aggregate of 5 years in L1B status. However, the GC process will not be invalidated because of this absence from the U.S., as it is for a permanent full-time job in the future.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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