Jay0121

Hi all, I plan to marry my long-term partner (who is a US Citizen) this summer but am in a predicament. We both live in New York, however she has just got the job of her dreams in LA and will be moving there later this year. I also want to join her in LA, but as we all know you cannot move companies with an L1 visa and my job is tied down to NYC. I've done some research and found that after we get married the process to get a green card can take up to 13 months.

What I haven't been able to research is whether I can move to LA straight away after marriage and look for a new job, or would I need to wait until I get the green card offically and terminate the L1 visa before moving to another job? It would be a frustrating if I have to wait a year but I guess thats better than how long others normally have to wait for resident status

All feedback and responses will be greatly appreciated.

Thanks

Hotscot

I think there was a recent thread about the time it takes to get your EAD. You could search on that until someone comes along...

Noorah101

Hi Jay, Welcome to BE!

You can quit your current job whenever you want to. You can move to LA whenever you like. However, after you quit the L1b job, you won't have work authorization again untll you get an Employment Authorization Document (EAD) in hand. After you get married, you'll file for Adjustment of Status (AOS). Part of that package is an application for EAD. After filing AOS, it can take 3 or 4 months to receive the EAD, so plan accordingly.

Rene

Pulaski

Getting the actual "green card" might take a year or so, but as Noorah said, the EAD shouldn't take that long.

It sounds like you might have a "grand plan for a grand wedding" this summer, but if I was you I would scoot down to the court house and get married this week, then file for your change of status and EAD immediately, leaving the grand wedding ceremony this summer as a blessing/ celebration with friends and family.

Whether you tell everyone that you actually got married in April is a matter for you, your wife, and your conscience.

scrubbedexpat099

I would take any time lines in this transition with doubt, we can give examples of those who have been through it recently but they have and no doubt will change.

Jay0121

Thanks all for the feedback, certainly answers my question.

Jay0121

This sounds like a good plan to me, but just a matter of trying to convince the other half lol, hopefully she’ll see reason behind it.

Just one question, once I file for an EAD, will my current employer be notified of change of status? I’d rather have the EAD in hand before I resign, but wouldn’t want them to be aware I’m in pursuit of it. I also assume the L1 visa will remain active until I receive the EAD and resign from employer?

Noorah101

I don't believe your employer receives any notification.

I believe you can continue on the L status, yes.

Rene

Pulaski

It is certainly possible to retain one status while applying for another, and switching from one to another is not uncommon.

Given that the adjustment from L-1A to green card is an entirely new process/ application from the L-1A, and that all correspondence addresses used during a visa/ status adjustment application are at the direction of the applicant, I can't see how it would ever be acceptable for USCIS to send any sort of notice or paperwork regarding a new application to an address used for a previous application. For example, what if the green card was through your employment but your employer moved office, or retained a different lawyer - would USCIS send papers to the previous address or lawyer? No, of course not. So I would be pretty comfortable that the L-1A employer would not know about the application to adjust to green card status.

That said, you won't be the first person on an L-1A to adjust to green card/ permanent resident status through marriage, nor even the first one on BE to do so, so why not just tell your employer preemptively? Just because you're a permanent resident doesn't mean you're about to quit.

scrubbedexpat099

Nothing to do with your Employer.