Legal Question in Immigration Law in Texas

Green Card Query

I had 2 questions:

1) I work on L-1 A Visa. It is valid until March 09. If I apply for Green Card (GC) say around December, then as I understand, it can take upto a year to get the GC. So, how can I stay after March then. If I apply for GC, then does my L-1 A automatically gets extended after March or do I have to apply for extension as well at the same time

2) If someone has to change due to any reason after filing for GC then what is the procedure? Someone informed that after 6 months one can change- but if there is no valid visa on the passport but only I-485 filing copy, how will that work.

Appreciate your reply

What would be your recommendation? Apply for Green card or renew visa and then apply for Green card


Asked on 3/30/08, 1:54 pm

1 Answer from Attorneys
Janet Greathouse Greathouse Law Firm

Re: Green Card Query

If this is your first L1, you can request an extension even if you have a green card application pending. Regarding portability, after the filing of the green card application, the law provides that an individual whose adjustment of status application has been pending for more than 180 days may generally change to a new job in the same occupational classification and continue with adjustment of status application. The USCIS has issued a memorandum in which it stated that multinational managers and executives may change jobs as long as the job duties are the same or similar.

However, before you take any steps to change jobs, you really should work with an attorney to lay out a clear strategy. The reason is that as adjustment of status applicant, you would be able to work with an employment authorization document and allow your L1 status to lapse. However, there is a risk in allowing your L1 status to lapse. Specifically, if for some reason your green card application is denied, you would be able to remain in the U.S. for as long as your L1 status is valid.

Your choices will depend on your individual need. As such, you should consult an attorney.

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Answered on 4/01/08, 5:40 pm


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