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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108658
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am an Italian National living in India. My wife is

Customer Question

Hello,
I am an Italian National living in India. My wife is moving to US with a J1 Visa. I have two options to move to US:
1) My current American Company can apply for a L-type visa (since I work for them for more than two years)
2) I can take a J2 visa and ask for a EAD then look for a job
Questions:
1) I may be eligible for both L1a and L1b. Which is the best? I am not worried for the timeline as I plan to leave US in max three years. If I need to change status (in case my company fires me) is there any difference if I am on L1a or L1b?
2) Is the history of my visa going to affect the approval to get future visas? (i.e. the fact of being in US on a Technical L1b will make it more difficult to get a future manager visa?)
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Hello! My name is***** and I am a licensed attorney with more than 13 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Is your spouse's J-1 subject to 212(e), the requirement that she go home for two years after she is done? If she is, has she used the J-1 yet?
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
I do not know why you are not responding, but you are not charged per question, per response, nor per answer. So after I give you my answer, you can continue to ask me questions without additional charge until you are satisfied. I apologize if it is a site issue that you posted and the post did not go through. Let's go one at a time: 1) I may be eligible for both L1a and L1b. Which is the best? I am not worried for the timeline as I plan to leave US in max three years. If I need to change status (in case my company fires me) is there any difference if I am on L1a or L1b? L-1A has a maximum time of 7 years in the U.S. and can easily lead into a green card. Here is a link: http://www.uscis.gov/working-united-states/permanent-workers/employment-based-immigration-second-preference-eb-2 The L-1B has a maximum of 5 years in the U.S. and it is not so easy to get into a green card. 2) Is the history of my visa going to affect the approval to get future visas? (i.e. the fact of being in US on a Technical L1b will make it more difficult to get a future manager visa?) If your wife has not used the J-1 and you have not used the J-2, I would avoid using them if they are subject to 212(e) because if she uses it and you use a J-2, then neither of you will be able to get Residency unless you go home for 2 years or get a very hard to get waiver. As far as you getting L-1B and then qualifying for a managerial position, it is possible, but complicated because you have to have at least 6 months of that experience before you can qualify for L-1A. If you can get into L-1A now, you should do so. My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! When we are done, if you would be so kind as to leave a positive rating for my service, I would sincerely ***** ***** You can even ask additional questions without additional charge even after leaving a positive rating. Thank you for your understanding.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!