I am a L2 visa holder, can my employer apply or sponsor me for a greencard.

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1. I presently have an L2 visa. a. Can my employer apply for a greencard for me - how long does it ususally take to get a green card for L2 visa holders. b. Will I first have to change my visa status from L2 to H1B prior to applying for the greencard. 2. My spouse presently holds a Blanket L1A visa and therefore is restricted to work only for his sponsoring company. Once I get get my Green Card a. will my spouse be able to sitch companies and begin working on an EAD b. What visa status will he hold if I have a green card ?

Attorney Answer

1
Haroen Calehr ·
1. a. Sure but not as an L-2 visa holder they have to sponsor you for their own green card and you have to independently qualify for a green card in your own capacity. Simply having an L-2 does not give you this independent qualification per se. b. No, but there has to be a basis for you to qualify for a green card, i.e. you have a bachelors or masters degree etc to qualify for a certain job which then allows them to file a PERM application and later an I-140 and I-485. You don't have to apply for an H-1B first but you can. 2. a. Whether blanket or not, all L-1A or L-1B visas are tied to the same sponsoring company, and you cannot move to a different company unless there is an umbilical cord between the companies, whether parent-subsidiary, holding, etc. If you get a green card you can include him as a derivative dependent and he will get the green card at the same time as you. Prior to getting the GC, you both get an EAD usually 90 days after applying for the GC. b. He will also have a GC as your derivative dependent if you apply for him. Its best to maintain his L-1A with his employer until his dependent GC is approved when yours is approved. Then he is no longer tied to the L-1A employer since he now has his own independent GC through you and is an LPR-Legal Permanent Resident.
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