hannahc16

Hello,
just looking for some advice currently on an L1A visa and looking to apply for green card we aren't getting much information/advice from our companies immigration lawyers so just wondered if anyone had done this what is the best route to go or what would be looking for that has worked for anyone else.

thank you

Jerseygirl

You could engage your own lawyer for advice, but the application must come from your company. It is not unusual for companies to drag their feet over the GC process, because once you become a PR you can move to a different company. Obviously bringing you over to the US, paying for your L1a visa and paying for a GC is an expensive process. The last thing the company wants is for you to go elsewhere.

hannahc16

thank you
the company wants to just the lawyers they use are saying its expensive and not worth it as such. we only have about 16 months left on the l1a visa so trying to find out

Jerseygirl

I meant you could engage your own lawyer for advice about why the process is moving slowly. Which means you pay them for advice. Fragomen are excellent and are used by many of the large companies, but probably cost more.

destone

The subject of your thread is confusing (it says from green card *to* L-1A).

Does your visa stamp expire in 16 months or your I-94?

As Jerseygirl says, your employer only can sponsor you for GC. Some employers mandate that you work in the US for 1 year before they start the process.

In a nutshell, your employer will file for I-140 and you will file for I-485, I-131 and I-765.

In most scenarios, the actual cost to your employer for filing the I-140 is $700. You will be responsible for the rest (I-485, I-131, I-765).

Jerseygirl

Well spotted...I’ve edited the title.

hannahc16

i know i tried to change it, serves me right for typing something so quick

I'm not 100% sure id have to check. Ive been looking at the EB2 im assuming that is technically a green card?

we have already been working out in the US for 3 and a half years and in general for the company for over 10 years so they dont need to worry about me going elsewhere.

destone

In a typical situation, your employer would file in the EB-1C category on the I-140.

The green card is provided by the I-485 to which the I-140 is a pre-requisite (as in it must have been received by USCIS, not necessarily approved).

tht

There are lots of different paths to a Green Card. Even within EB, employment based there are different paths, some have to be filed by an employer, others do not:
https://www.uscis.gov/green-card/gre...ity-categories

The best way is the way you can get, if your employer is willing the EB1c requirements are very similar to the L1a so that is a path many employers take. But some employers will keep extending visa’s as many times as possible rather than getting a green card for an employee because that allows them to leave and work for nearly any US employer. Did you have a written agreement before moving that have you an option on having the green card applied for by the employer within a certain timeframe?

also note you can apply under different categories at the same time. I know people who had employment based applications and and also filled themselves, you can also “buy” a green card under EB5.

tht

The green card is issued after adjustment of status... this is based on the I-485... I think what you are trying to say is that the I-140 and I-485 can be filed concurrently (together) or the I-485 can be filled anytime after an I-140 had be filed (it need not be approved).

But both the I-140 and I-485 need to be approved for the adjustment of status to that of a Permanent Resident (and that’s when the Green card is produced and sent to evidence that status).

One reason for an employer not to file both together can be to save I-485 the fees if the I-140 is rejected, the other is that it gives them more control over when a green card can be issued so they retain more control over the employee.

destone

Yes; that’s what I intended to outline in a more condensed format.

S Folinsky

FWIW, I’ve seen colleagues complain that Fragomen tends to have low fees.

Jerseygirl

Good to know. Thank you.

petitefrancaise

so your company plan to repatriate you with all associated expenses? Most people I know lose their repatriation budget if they become PRs so the cost issue for your company is alleviated considerably.

robtuck

I moved from L1A to EB1-C last year. It is indeed an "investment" by the company and comes with the risk that you can take other employment but you have suggested your employer was OK with the process, just not the financials. I'd suggest talking to them about signing a contract to reimburse their fees at a reducing rate over time as an incentive for you to remain with them, which is what I have done. Essentially I have committed to repaying up to 100% of their fees, down to zero after two years from the date of issuance of the Green Card. That should remove any fears, and they'll be spending some more money to extend the L1A to 7 years I think.