ruin3d

Hey guys

I am currently living in California and have been for the last year on a L1A visa attached to my current company.

My visa is for three years currently so i have another two to run.

The issue i have is my current company is experiencing financial difficulties and i have concerns that if i were to loose my job i would be unable to get another job in the US and would have to return to the UK.

I have spoken to my current company and they are happy to sponsor me for a Green Card paperwork wise, though the financial outlay would be mine.

Is a green card the best process? I've heard that after 3 months of applying i'd be free to move to another company?

Also does anyone have a good recommendation for an immigration lawyer? I spoke to our company one but the corporate rate is $5,000 plus whatever application fees which seems a bit steep for a couple of forms (unless there is a lot more to it).

Any advice you can give me would be appreciated.

DavidLemon

Hey there

I know that part of the process involves getting an EAD (employment authorisation document). I am about to go through something similar, however my route is from H1b to GC through spouse who is USC. I have been informed by my immigration lawyers that once i have the EAD in hand, i can move away from the company that im currently with even though the petition is not complete. I have been warned also that once you use the ead it invalidates your H1b (will presume this is the same for L1 but someone else can clarify that). This means that if i am now using EAD and the petition fails, i not only lose the petition but also my rights to work in the US, as i will no longer have a valid H1b visa.

This takes as you say about 3 months into the process.

I am not sure but i was under the impression that your company had to petition for you and also pay for said petition. I did not think that you could pay for it. I could be wrong though. Although having said that i suppose they could just dock it from your salary

Im not sure of the timescales for the entire process to go through, however one thing to be aware of is that if the company does fold before your GC is complete or your employment ceases with them, then this could have a negative affect on the petition. I dont know for sure, never been there but if this is the case then you would want them to get it sorted sooner rather than later.

I do say im not sure alot in my response, because im only relaying what my immigration lawyer has told to me, or atleast my translation of understanding of what i have been told. I am also learning this as i go. So if someone with authority on the subject comes along, they can hopefully shed more light on the subject

Ray

Correct .. your visa is based on a company transfer
the job goes so do you ...you return to you previous position overseas
if still available ..there is no transfer on an L1 to another company
you have to work for them for a period first overseas

S Folinsky

BTW, it strikes me that the $5K quote was for doing the I-140/485 green card application and not for filing a "couple of forms."

Yes, there is a "lot more to it."

Bob

Well if the company is large enough that it has other divisions, you could potentially transfer to one of them under the same umbrella....but admittedly, that usually isn't an option.

Orangepants

There is" a lot more to it" than a couple of forms. We went to to see our lawyer a few weeks ago and she quoted $12k for the process - O1 to EB1 - so $5k is a pretty cool deal.

washsaint

as others have said $5K plus filing fees seems very reasonable (about the same as I paid).

I was on an L1A.......if you are going to file, file an I140 and I485 concurrently. The advice I was given last year was that you could change employers during the I140 process if the application was outstanding for more than 180 days.

However, if an RFE was received and your old company did not respond that was it, you were done and would have to leave the US straight away as petition would be automatically rejected.

My I140 took 8 months to approve (including a detailed RFE) - definitely submit simultaneously, particularly if the current company has financial difficulties.

ruin3d

Thanks guys, that makes sense.

If the cost looks about right i'll go ahead, i just wondered if i was getting stitched up by the corporate lawyer as the form was pretty basic and wasn't sure what else was required.

Final question, do i need to be sponsored by a company i work at and have worked at for a period of time? I was just wondering if moving company and getting them to sponsor it would work.

I assume not as my L1 would end when i changed company and the Greencard would be too late?

I appreciate all your help

S Folinsky

FWIW, it is a pet peeve of many immigration lawyers when other lawyers say "What's so difficult in doing immigration law? It is just filling out forms." My response was "Yeah, just like tax returns."

Seriously, when it comes to EB-1 applications, the forms serve the purpose of a cover sheet summary. It is the supporting evidence that counts.

[As a total aside, it is now nearly 8 years since my brother passed. Much of his practice was collections work for the former GMAC. Every so often, a court clerk would reject a default judgment request absent proof that GMAC, a Delaware corporation, was authorized to do business in California! He kept a small supply of certified copies of that registration for the few times this would happened. It was rare that that happened to my brother and he was shocked that I would have to prove well known things on every application to the minions of the Dark Forces.].

ruin3d

Thanks for the response

I was just double checking it was in-line with normal costs as i wasn't sure if corporate lawyers would cost a lot more than a non-corp one

digbydog

Switching from a L1A to a GC whilst at first glance seem similar there are subtle differences and a good lawyer is in order. I did the switch and it took about 3 months and that included a simple RFE.

You want to stay in USA and have come this far... don't go cheap at the last hurdle... get a good attorney and work with them to make it happen.

Good luck

BanterBanter

Hi digbydog - do you have any recommendations of a good lawyer, and the expected costs?

Do you need approval from your company to begin the efforts to change from a L1A to a GC?

Thanks

ian-mstm

Yes, insofar as it's the company that must start the process on your behalf. If the company doesn't cooperate, it'll never happen.

Ian

Newinla81

Hey there i'm in a similar situation, moved to LA under a L1a and want to get a gc. Would be cool to get in touch to give tips to each other <snip>

christmasoompa

One of the mods may be kind enough to remove your email address, but if you can still edit your post I'd suggest you take it off - unless you want every spambot out there to pick it up and to be inundanted with spam and weirdos!

It's a public forum, so do be wary what you share - people can contact you via your profile if they wish to.