Dead8oy

That's good to know BostonBrit. Did you go straight for the EB1 whilst outside the US?

I'll start pulling information together on my employees.

Thanks,

BostonBrit Expat Since 03

H1B to EB1C inside the US

Dead8oy

Thanks BostonBrit, slightly different to my situation as I'm outside the US and applying for iv directly.

I also thought I'd post up an update on what's currently happening. I have a company appointed immigration attorney, and after an initial conversation we are having a planning discussion on Monday.

My company are planning to push this through quickly with priority processing if possible.

Watch this space for more updates.

BTJ

No premium processing for EB-1c, was supposed to be available 12 months ago, but no further mention on it. http://www.uscis.gov/premiumprocessing

Dead8oy

Hi BTJ,

Yes I had read that also, but I've been told otherwise by my company. I'll keep you posted.

BostonBrit Expat Since 03

Correct, there is no PP for EB1C, only EB2, go on USCIS website and send this to them...because if they/you are banking on a decision in two weeks you could be in for a shock especially if you get a nasty RFE

Dead8oy

Thanks BostonBrit.

So after some interesting discussions with my company heads and my immigration attorney we now have a plan of action.

As my company is blanket approved for L1, the imigration attorney has reviewed everything and proposed that they file in the US for dual purpose L1-A imigrant visa, with change of status to green-card through the EB1c path.

This has started already and the L1-A should be in my passport by April. I will then enter the US in May using the L1-A and they will begin the status adjustment process which should complete later in the year, or early into next year (they estimate 6-9 months).

After the initial review they are very confident and have provided my company with good assurances of processing and success.

We are now gathering paperwork and documentation - thankfully I had a lot already collated, and are working towards the April consular interview for my following trip in May.

All positive feedback so far, now to await the results.

ian-mstm

First off, it's an L-1A, not an L1-A. Second, the L-1A is a non-immigrant visa, not an immigrant visa. Third, applying for a GC once you're in the US is an adjustment of status, not a change of status. Fourth, you don't adjust to a green card... you adjust to Permanent Resident. The card is merely proof of your status, it isn't the status itself.

At any rate, you have solid plan of action now, so good luck to you!

Ian

Dead8oy

Haha thanks for the errata I guess the title 'sanctimonious prick' does exactly what it says on the tin. I've enjoyed reading your replies on other threads too Ian.

According to the attorney, filing the L1-A allows dual intent as an immigrant visa. Same with the GC elements. They're being paid the big bucks and as SMEs I'll trust what they say at this point.

As always I'll keep you all up to date as things develop.

fatbrit

Always remember that the lawyer represents the company's interests, not yours. Often they coincide, but sometimes they don't.

Dead8oy

Very good point FatBrit.

ian-mstm

First, again, it is an L-1A visa and not an L1-A visa. Second, your attorney is correct, but all visas allow for "dual intent". The difference is that the L-1A/B and H-1B visa groups are exempt from demonstrating proof of that intent.

Oh, and this has nothing to do with me being a Sanctimonious Prick (although I certainly don't deny it), it has to do with learning and using the correct terminology.

Ian

Dead8oy

Very fair point. I was replying on my phone and wanted to use the right term but I guess it just didn't happen. It is indeed the L-1A that they are processing. If I could go back and edit my posts to correct (and thus not have any issues with wrong terms showing up in searches) I would.

Cheers Ian.

Dead8oy

Just posting a short update. I have my L-1A visa now and my family have their L-2s, after a very short interview at the US embassy.

The visa will be activated in May and the attorneys are currently beginning the process for adjustment of status.

Once again, thanks to everyone on the forums for all of the advice and support.

Dead8oy

Visa was activated and I'm now the proud (?) owner of a SSN as well (which took around 24 hours end to end).

Meeting with the attorneys on Thursday to discuss adjustment of status while I shop around for somewhere to live.

Fun!