Advice (please) - L-1 Visas/ I-140 Petition
 

Hi,

I am currently here in the US on an L-1 visa. My employer has filed the appropriate paperwork for my permanent residency and am at the final stage of filing the I-140 petition (after 4 years!)

I have come to hate my workplace for many reasons and each day just seems to get worse. It has become a living hell and I don't know how much longer I can stick it out.

I am aware that if my employment terminates then so does my L-1 but my question is do I have any options under the I-140 petition? Basically how long is it going to be before I can get the hell out of here without affecting my permanent residency and without having to give up this close to finish line and go home.

Re: Advice (please) - L-1 Visas/ I-140 Petition
 

I would like to even get that far how did you manage to get from the UK to be able to work in the US?

Re: Advice (please) - L-1 Visas/ I-140 Petition
 

DivineAngel wrote:
    > Hi,
    >
    > I am currently here in the US on an L-1 visa. My employer has filed the
    > appropriate paperwork for my permanent residency and am at the final
    > stage of filing the I-140 petition (after 4 years!)
    >
    > I have come to hate my workplace for many reasons and each day just
    > seems to get worse. It has become a living hell and I don't know how
    > much longer I can stick it out.
    >
    > I am aware that if my employment terminates then so does my L-1 but my
    > question is do I have any options under the I-140 petition? Basically
    > how long is it going to be before I can get the hell out of here without
    > affecting my permanent residency and without having to give up this
    > close to finish line and go home.
    >

The I-140 petition is probably based on an EB-1 filing (labor cert
exempt). If you leave, you lose this advantage; the I-140 is not
transferrable from employer to employer. In addition, you lose the
exemption from labor cert unless you join another company that has a
qualifying relationship with the foreign entity you left.

Nothing in the law says you have to stay employed somewhere forever.
The issue is, were you "using" the I-140 just to get a green card, or
did something else happen that caused you to change jobs. In general,
the longer the period of time after adjustment, the less high the burden
of proof. There is no hard and fast rule, however.

--
Above intended as general commentary, not specific legal
advice. Your mileage may vary.

================================================== =============
Jonathan McNeil Wong Voice: 510-451-0544
Donahue, Gallagher Woods LLP Facsimile: 510-832-1486
P.O. Box 12979 http://www.donahue.com
Oakland, CA 94604-2979 E-mail: [email protected]
================================================== =============

Re: Advice (please) - L-1 Visas/ I-140 Petition
 

DivineAngel wrote:
    > Hi,
    >
    > I am currently here in the US on an L-1 visa. My employer has filed the
    > appropriate paperwork for my permanent residency and am at the final
    > stage of filing the I-140 petition (after 4 years!)

Sigh! I'm happy for you, but it usually does take a long time ;-)

Under which category did you apply? If it was EB-1 (that is, if you have
an L-1A as a manager or executive), then you can file an I-485 at the
same time with the I-140, and change jobs 180 days later.

If it was EB-2, likewise, you can file the I-485 at the same time as the
I-140, and change jobs 180 days later.

If you filed as EB-3, then it depends on whether you are subject to the
quota backlog or not. You may or may not be eligible to file the I-485
at the same time. If you were born in India, China or the Philippines,
AND if your Labor Certification was filed after 2002, you would have to
wait. In that case, you'd be eligible to change jobs only 180 days after
you filed the I-485, which could be months or years from now.

In conclusion, given that you say it has been four years, it sounds like
you would be able to file the I-485 together with the I-140 regardless
of your country of birth, and then change jobs six months later.

    > I have come to hate my workplace for many reasons and each day just
    > seems to get worse. It has become a living hell and I don't know how
    > much longer I can stick it out.
    >
    > I am aware that if my employment terminates then so does my L-1 but my
    > question is do I have any options under the I-140 petition? Basically
    > how long is it going to be before I can get the hell out of here without
    > affecting my permanent residency and without having to give up this
    > close to finish line and go home.