Wits_End

I’m a long time poster but I am here under a new name while I ask for personal help on the slight off chance that my employer is reading. Here is my situation:

I have been in the US for approx 6yrs on an L1-A visa, renewed twice. My wife has an L-2 with an EAD although she no longer requires the ability to work because she is a happy and contented fulltime mother to my 2yr old daughter (US citizen). Child number two is expected in Nov. I have a LLB degree.

I work for a large blue-chip company. We are going through a number of organizational changes and while it is yet to be made official, the writing is very much on the wall for my position. I work in sales in a very specialized and niche market and have a book of business that would secure me work in the US relatively easily. Having been out the UK market for 6yrs, and with the state of my sector in the UK, I am not as optimistic with regard my employability at home. Financial considerations aside, there are also medical reasons for my desire to stay where I am.

My manager is refusing to back a green card application until the final 3 months of my L-Visa. I fear that he is delusional as neither of us may be employed by then. This places considerable risk to my family's livelihood and I want to regain control of my future. I intend to speak to an attorney concerning my options, or those of a future US employer, with regard extending my stay in the US. Prior to that appointment I’m hoping for a little guidance.

H-1B appears the most obvious route and I believe a future employer can run this concurrently while I work out my notice period under the L1. If the H is approved, and the L is revoked, do I need to resign that day? As of June 2010 there were plenty of H visas outstanding and in 09 they did not run out until Dec so I’m not overly concerned about quota. But if I am unlucky with regard timing are there any creative (and legal!) options you can see based on the information above? If the situation allows can I go from one L-Visa to another with only minimal time out of the US?

Thanks to those that take the time to help me sleep. If I didn’t turn to you I’d be reaching for the Prozac.

ian-mstm

I believe so, yes. Be aware that there is a time limit for both the L and H visas - 7 years, if I'm not mistaken. And the only way to go beyond that is to leave the US for a year in between. I also think that time on the L visa counts towards time on the H visa, so either way you're running out of time.


I believe so, yes - but I don't think the L will be revoked. It is entirely allowable to have two valid visas in your passport... although you can be in the US with only one status. If you get the H visa and want to work on that visa, you must exit the US and enter using that H visa. A quick hop to Canada or Mexico should do the trick.

Ian

Wits_End

Thanks for the reply.

I did some further reading on the H visa and you appear to be correct. The time limit for the L and the H does run concurrently. Worse still, L is 7 yrs and H appears to be 6yrs so I'm pretty much out of time. I may have a few months overlap but I don’t know how favorably the US will look on an application for a H visa that last just long enough to allow time for my next employer to sponsor me for a GC. Then again, can they disqualify me on this or do they not have the discretionary authority?

I don't believe that I strictly meet the criteria for a GC without employer sponsorship. Even if I was able to pursue this avenue myself I think I am correct in stating that it doesn’t solve my problem. My L will still expire in approx 12mths leaving me unable to work while a GC application is being processed and unable to change employer until GC application is approved.

Seems like I need to dig around in the obscure world of the O visa and alike based on my time speaking at conferences, sitting on panels, etc as a educator in a well established but niche field. This is where I am hoping some creativity saves the day. 1000-1 shots weclome.

ian-mstm

As long as your status is valid when your GC sponsorship begins, it'll be fine. I'm not 100% sure, but you may need to remain in valid H/L status while your GC is being processed - hopefully someone can clarify.


If you are currently in the US on a H/L visa, your employer must sponsor you - no options on that, I'm afraid.


Depending on your expertise, that's certainly an option - and one that I believe a few members here have used. There's also a National Interest Waiver available.

Worst case scenario - in 19 years your daughter will be able to sponsor you for a GC!

Ian

GeoffM

Don't knock the niche part - that's where you could potentially be at the top of your field, simply because there aren't that many other people doing the same thing.

You've given quite a few personal details - there can't be many people with that particular combination of size/age of family, with that length of L service, with that kind of manager! Maybe you could chop a few things out if you're worried.

Wits_End

The more I read the more this rings true.

Laughing is better than crying, right?

It would appear that I can try and make a case under the O visa on business grounds and I'm confident that any future employer would support that. It is also good to hear, as indicated above, that others may have had success venturing down this route. NIW appears to be a much higher bar to pass (phd etc.).

Thanks for the concern. I wanted to give enough information to be useful but had I used my usual name then you would also have my location, industry, and eye colour by now. This is the resulting compromise.

I understand where the US is coming from with regard their immigration policy, but with an employer who forever dangles the carrot just out of reach this takes one hell of a toll. Anyway, I think that I have found my 1000-1 shot. Next question, does anyone have any practical experience of reducing the odds?

Thanks once again to one and all of reading, posting or PMing.

meauxna

Once the I-485 has been filed (if a visa number is available) the applicant would be able to fall back on an EAD if H/L status is done with, yes?

And karma, have a look in there too.

lisa67

That's what I was thinking, he'd be on Advanced Parole and use those to travel with and his EAD for employment?

Orangepants

I know a great O-1 visa lawyer. She does the Rolling Stones, Sting - actually most of the UK popstars and their entourage. She's very interesting and very successful - she got my OH one - we call it the superhero visa!

Socal Local

The only other option I can think of which nobody has mentioned would be an E visa. This would only work if you could find a non-US employer from a treaty trader company, but unlike the L visas you don't have to work for them overseas first. A long shot I know, but thought it was worth a mention. Most people are only familiar with E visas being used by entrepreneurs but they can also be used by companies from treaty trader countries.

Wits_End

This may have merit. I originally discounted this but there is a 50/50 chance that my next employer may well be a UK firm. If so, I would be selling their goods in the US which must count as 'international trade'.

Hope springs eternal.

Wits_End

Am I correct in thinking that the O and E Visa are not dual intent visas? In which case I would become precluded from a green card application for anything other than National Interest Waiver?

ian-mstm

It's a common misunderstanding. Just because a visa is not specifically "dual intent" it does not necessarily follow that "dual intent" is specifically prohibited!

Ian

Wits_End

But it does presumably mean that I have to pass the labor certification which is not the case on the L1-A?

Wits_End

My story is complete and I want to conclude this thread by providing the final chapter.

Ultimately my employer decided that it was cheaper to make my life a misery and prompt my leaving than making me redundant. In Feb this year I resigned and accepted an offer from a UK firm with offices in the US.

I returned to the UK and applied for an E visa. No mention of my L-Visa was made at the London Embassy and the 'interview' didnt progress beyond the checking of our names and the highest level of education reached.

I'm now in possession of a 5yr E but will begin the greencard process in the not to distant future to ensure that next time I have more options and less stress.

Thanks again everyone.