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Old 06-30-2009, 10:12 AM
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ckirsch is on a distinguished road
Default What's the better strategy: H1 or L1?

I worked on an L1b in the US for 4 years. Because my company wouldn't sponsor me for a green card, I decided to switch to another company that offered to sponsor me for permanent residency and employ me in Europe in the meantime. Unfortunately, the PERM was audited and the legal entity that applied for the PERM is being dismantled as the result of an acqusition.

As a next step, the company could sponsor me for an L1 (not sure if L1a is possible, otherwise L1b) or an H1, but it's unlikely they'll sponsor me again for a green card soon. I also have an offer from another company, who'd offer to sponsor me for an H1 and possibly for a green card later on.

Since my spouse has a green card (same sex couple, therefore no family green card possible), I would very much like to return to my home in the U.S.

Which one is the safer option - L1x + H1 or H1 + green card? I have two bachelor degrees and 13 years of specialized experience but no masters degree. Any other advice for my situation?

Thanks!
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Old 06-30-2009, 08:29 PM
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An H-1 would give you more flexibilty to change employers once you are here. However, the earliest that you could begin work here in H-1 status would be Oct. 1st of this year. With an L-1, you could presumably come right away. If an L-1A is possible, that could pave the way for a significantly easier and faster route to a green card.

Also, it is possible that in the not too distant future Congress could pass legislation to allow same sex spouses to confer derivative immigration benefits on each other. Check out the website: www.immigration equality.org
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