scolley82

Hi everyone,

I'm currently working in the states on an L1B visa which is due to expire in November but can be extended to 2026.
After asking my company to try and extend the L1B visa they have also said they will try to move forward with a green card application for me.
I was just wondering if anyone on here has had success doing this as I was lead to believe it was pretty difficult to go from L1B to a green card.
If successful how long did it take from application to receiving the green card?

Any input is much appreciated.

Thanks
scolley82

postbox134

I'm in the final stages of this process, it's not very fast at all. Here's a quick timeline:

• Prepare application with manager/lawyer (1 month)
• Submit PWD (8 months)
• Start recruitment (3 months)
• Prepare paperwork (1 month)
• Submit PERM (8 months)
• (if audited, add 4 months)
• Submit i140 (2 weeks if Premium, 6 months otherwise)
• Submit i485 (6 months - 18 months - totally random - you'll get EAD/AP in 6 months or so).

So overall this process takes 33 months (2 years, 9 months) - 42 months (3 years, 6 months) depending on how lucky you are.
Not sure why you think it's difficult to go from L1-B to GC. It's not as easy as L-1A to EB-1 but it's definitely possible. Main risks are around PERM taking forever and not being successful (i.e. someone applies to your role). COVID really broke the timelines on this process. I submitted my PERM in August 2022 and am still waiting for the approval to move to i140.

Make sure you research the process fully yourself, the lawyers work for your employer not you. Make sure they put you in the H-1B lottery each year (if eligible) to give yourself that backup option.

Good luck!

scolley82

Thanks for the feedback,

Difficult was the wrong wording, drawn out is what I should have said.

I know someone who arrived Jan 20' on an L1A and by Aug 21' they had their GC, even with all the commotion of Covid.
I'm wondering is this luck or purely because they had an L1A rather than B?

Then would be the question of would it be quicker to transition to L1A and then go for GC.

S Folinsky

Hmm. Your first suggestion strikes me as confusing. You suggest that OP do their own research despite the fact that lawyers will work only the employer and not OP. In fact, the lawyers will be engaged in dual representation. See this article. So, it is a damn good idea for OP to do their own research and seek clarification from the lawyers as needed. Good lawyers explain the process as needed. (That said, it is within the permit of the lawyers on how to proceed).

The YMMV rubric applies. The path forward can depend on particular facts. Your suggestion on the H-1B lottery may be a good one. But there may be other alternatives. The lawyers should be in the position to evaluate the relevant facts.

S Folinsky

Postbox’s post has a mistake in the last paragraph by typing the word “not” when the proper word would be “and.”

destone

Similar here: arrived in Jan 20’ on L1A and got GC in Jul ‘21. I’m no longer with the firm who sponsored me.

LT1

L1A typically leads to EB1C which is fast(er) as skips PERM process.
L1B to EB2 with all the PERM process as postbox134 expertly detailed.

Your path to GC will definitely be faster if you can transition to L1A from your L1B, but the requirements of L1A are much harder than L1B. Also, you may not be eligible for an L1A as you need to have worked for the company abroad for 1yr of the last 3. I'm not sure if this is the case depending on how long you've been in the US on L1B?

roberth1970

My post history has an L1B->Greencard->Citizenship timeline. It's definitely possible. But not fast.

S Folinsky

I am retired from the immigration advice business but I can say that exceptions do exist to what can be considered normal processing. These exceptions are determined by the underlying facts. As noted above, immigration attorneys will represent both your employer and you. Don’t assume that under your particular facts the case cannot proceed on what you consider a more favorable fashion. But then again, maybe not.

Good luck.

postbox134

This may be technically true, but if OP is not willing to understand the process they will be more likely to agree to a path that is better for their employer, not always for them.

Overall the process is slow and getting slower, the main issue being not being able to change employers/risk of being laid off during the 2-3 years you're stuck with them.

tht

I can’t comment on the specifics but the only L1b I personally know who then became an LPR went L1a to L1b to H1b and PERM…to LPR not sure if it was needed or not…. It took him close to 10 years and my L1a to LPR was about 1 year… I guess the lawyers made out OK…

S Folinsky

Again, the underlying facts count. Just because OP is in L-1B status does not necessarily mean that the only path forward is PERM followed by EB-3. When I was in practice, I was able to go from L-1B to LPR through EB-1 (two different categories), EB-2 with NIW and PERM/EB-3. Each one had different facts. I recall one particular case where multi-national funded graduate studies for an employee. We went from F-1 student to EB-1 intracompany transfer. A few from E-2 non-immigrant to EB-1.

hutchison

I have some input for you, with an addition in information in that I converted to L1A during this current GC process as my L1B expired, however, the attorneys continued with the underlying green card application via the Perm category during this L1B-A conversion. I did not ask any questions at that time regarding any potential change of filing category, I was settled it was moving forward, that is all.

it takes a definite amount of patience to go through the process, I started preparing for GC mid to late 2020 with job descriptions and paperwork, it is now 3/31, and another step to go, just about to file I-485's.

received L1B 6/17.
L1B extension 2020.
GC PERM PWD submitted 3/21.
PWD rec 8/21.
Labor market test completed 3/22.
Perm filed 4/22.
Converted to L1a extension - approval 6/22.
Perm certified 1/23.
current (next week or so) - filing of I-140 premium/ I-485 / I-765 / I-131 (I think that is all).

destone

Out of interest, why didn't you start the GC process on L1B right away in '17?

postbox134

If they're anything like my employer, they will only file for a GC when there's <3 years of H1-B or L1 total time remaining. So for L1-B that is 2 years, A 3 years etc.