E or L visa to Greencard?

Old Feb 17th 2008, 4:45 am
  #31  
Septicity
 
fatbrit's Avatar
 
Joined: May 2004
Posts: 23,762
fatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond reputefatbrit has a reputation beyond repute
Default Re: E or L visa to Greencard?

Originally Posted by Folinskyinla
Also, as I have mentioned, every case is different. I get the feeling that OP's husband works for a company for which is so gold plated that an "E" is a slam dunk.
If the "E' is slam dunk, the "L" shouldn't be far behind.
fatbrit is offline  
Old Feb 17th 2008, 1:43 pm
  #32  
UK>Bay Area, CA>UK
Thread Starter
 
Chrissywissy100's Avatar
 
Joined: Dec 2006
Location: Surrey, UK
Posts: 353
Chrissywissy100 has much to be proud ofChrissywissy100 has much to be proud ofChrissywissy100 has much to be proud ofChrissywissy100 has much to be proud ofChrissywissy100 has much to be proud ofChrissywissy100 has much to be proud ofChrissywissy100 has much to be proud ofChrissywissy100 has much to be proud ofChrissywissy100 has much to be proud ofChrissywissy100 has much to be proud ofChrissywissy100 has much to be proud of
Default Re: E or L visa to Greencard?

Kevin is a mangerial / executive in the company, company is a large fairly well known international Investment Bank, if that helps with the E/L debate?
Chrissywissy100 is offline  
Old Feb 17th 2008, 2:58 pm
  #33  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: E or L visa to Greencard?

Originally Posted by Chrissywissy100
Kevin is a mangerial / executive in the company, company is a large fairly well known international Investment Bank, if that helps with the E/L debate?
Hi:

Precisely. This sounds like one of the "gold-plated" E situations. It "may" very well be one of those situations of "six one, half-dozen the other" in the "E/L" category. About the only difference I perceive is the need for advance parole for travel purposes.

Speaking of which, reminds me of an adjustment interview I had some years back. Client was an executive of a large international conglomerate. He was present in the United States as an E-1 treaty trader employee. At that time, advance paroles were granted locally on a walk-in basis with no fee [times have changed] but were valid for only 4 months. Since the interview was 8 months after filing of the AOS, we had gotten two AP's for the gentleman. The interview was held three days after return from the last trip foreign. When asked about last entry to United States, the guy says three days ago. May I see your entry document. He then pulls out his passport and I-94 showing that he had used the E-2 visa! Didn't you obtain advance parole before leaving? He pulls out two virgin AP documents, never used. Why did you use the visa? I've always used the visa. Why didn't you use the advance parole instead of the visa? My lawyer never said I had to. After my heart started beating again -- I showed the officer the regulation which stated that one needed to obtain AP before departure and return -- it was silent on whether or not one had to USE the AP on return. Adjustment granted.

[The regulations have been altered since -- it went from clear to fuzzy -- that old section remains, but a new section seems to imply one might have to return on the AP. Moral -- don't pull that stunt now. Further moral -- One should learn from experience. I now warn my clients that, with the exception of H & L -- they should use that AP. It had never occurred to me that a client would not have used the AP after the effort to get it!].

Good luck.
Folinskyinla is offline  
Old Feb 17th 2008, 3:07 pm
  #34  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: E or L visa to Greencard?

Originally Posted by fatbrit
But an L really isn't a non-immigrant visa, is it? It's a "dual intent" one.
Hi:

Apples and oranges. A "K" visa is a "non-immigrant" visa even though it is intended to lead to permanent residence and is processed "as if" it is an immigrant visa.

I was around for the "dual intent" battles of the late 1980's. At that time, the issue was around E, H & L visas with the concept clearly recognized for E visas but in dispute on H & L. [Particularly on H's since it had the word "temporary" in the description]. The 1990 amendments simply removed the H-1b and L from that debate.

Unfortunately, there is often a lack of institutional memory among the government and immigration lawyers. Its been 17 years since the amendments and most practitioners don't have an idea of the history. So, I can see how you may get a misimpression -- but I did gave Ray the FAM provisions on "immigrant intent" -- and it contains the classic formulation of "dual intent" -- a declaration that I will comply with the law and not remain in the United States without status. Also, the 1974 Hosseinpour case really helps. My experience when I have given that case to ConOffs -- "I had no idea! Thank you!"
Folinskyinla is offline  
Old Feb 18th 2008, 10:55 am
  #35  
BE Enthusiast
 
Joined: Sep 2002
Posts: 565
Ivonne is an unknown quantity at this point
Default Re: E or L visa to Greencard?

Ok, we've had both, the L1-A and later the E2 (as managerial employee) visa.

Please, do not confuse the E2 as an employee with the E2 as an investor. An investor can not get a green card from E2 because he can not sponsor himself. It's different with an E2 as an employee because in that case, the greencard is sponsored by the company.

So, there is no disadvantage of the E2 (as employee!) when it comes to getting a green card sponsored. It's the same for L1 or E2, you just have to qualify for one of the EB-Kategories. wether you have an L1 or E2 visa is irrelevant.

Now, why did our employer change our visas from L1 to E2? Well, they often bring over employees from their headquarters in germany und after sponsoring them all individually for L1 (or H1B, depending on the individual case), they realised that for a large company it's easier to get registered at the consulate as an E-Sponsoring company and only ONCE file all the documentation. Once they are registered, bringing over employees on an E2 basis is fairly easy. for L1 or H1B the employer has to apply for each employee individually at USCIS. Much more complicated and lenghty process.

another advantage of the E2 (as employee): It's initial validity is 5 years. although the I-94 (authorized period of stay) is only 2 years, it can simply be renewed by making a short trip outside the US. with an L1, the initial validity of the visa is only three year. and it can be renewed for another 2 years (L1-B) up to 5 years in total or renewed twice (L1-A) in increments of 2 years up to a total of 7 years.
The E2 can practically be renewed forever (as long as the criteria for the E2 status is fulfilled of course), there is no maximum.

The spouse of an E´-holder can abolutely apply for an EAD. I had EAD on L2 and E2-dependent status.

So, if the company is already registered at the consulate, there is no disadvantage in going for the E visa as compared to the L Visa.

so: I completely agree with Folinskyinla.
Ivonne is offline  
Old Feb 18th 2008, 12:33 pm
  #36  
Ray
 
Ray's Avatar
 
Joined: Mar 2003
Posts: 68,280
Ray has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond repute
Default Re: E or L visa to Greencard?

Originally Posted by Ivonne
Ok, we've had both, the L1-A and later the E2 (as managerial employee) visa.
You can get a blanket L as well ....
Did your GC come thru via the E then ...??
Ray is offline  
Old Feb 18th 2008, 3:45 pm
  #37  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: E or L visa to Greencard?

Originally Posted by Ray
You can get a blanket L as well ....
Did your GC come thru via the E then ...??
Hi:

The blanket L still requires an individual I-129 at CIS. Perhaps easy to do, but still an additional step. BTW, many big companies may have BOTH a blanket and an E-registration. For example, a German manager employed by a British Company can't use the E but can use the L. A newly hired British manager can use the E, but not the L. But then there are people who fit in both.

[I remember some years ago an effort by attorneys to get the EC classified as a country for E purposes. I haven't followed it since -- but I think I might have heard about it if it had come to fruition.]
Folinskyinla is offline  
Old Feb 18th 2008, 4:25 pm
  #38  
BE Enthusiast
 
Joined: Sep 2002
Posts: 565
Ivonne is an unknown quantity at this point
Default Re: E or L visa to Greencard?

Originally Posted by Ray
You can get a blanket L as well ....
Did your GC come thru via the E then ...??
We didn't go for the Green card. We're back in Germany. (the employer only sends over their employees for up to 5 years and then transfers them back to the headquarter)
Ivonne is offline  
Old Feb 18th 2008, 4:48 pm
  #39  
Ray
 
Ray's Avatar
 
Joined: Mar 2003
Posts: 68,280
Ray has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond reputeRay has a reputation beyond repute
Default Re: E or L visa to Greencard?

Originally Posted by Folinskyinla
Hi:

The blanket L still requires an individual I-129 at CIS. Perhaps easy to do, but still an additional step. BTW, many big companies may have BOTH a blanket and an E-registration. For example, a German manager employed by a British Company can't use the E but can use the L. A newly hired British manager can use the E, but not the L. But then there are people who fit in both.

[I remember some years ago an effort by attorneys to get the EC classified as a country for E purposes. I haven't followed it since -- but I think I might have heard about it if it had come to fruition.]
If its so much easier ..why do we never see any E-2 manager type enquiries
her ...perhaps it is so perfect ... and to get a GC do they have to go thru LC
where the L-1A does not ..
Ray is offline  
Old Feb 18th 2008, 5:01 pm
  #40  
BE Enthusiast
 
denzil75's Avatar
 
Joined: Dec 2007
Location: Sheffield to AZ to Sheffield to NJ
Posts: 342
denzil75 is just really nicedenzil75 is just really nicedenzil75 is just really nicedenzil75 is just really nicedenzil75 is just really nicedenzil75 is just really nicedenzil75 is just really nicedenzil75 is just really nicedenzil75 is just really nicedenzil75 is just really nicedenzil75 is just really nice
Default Re: E or L visa to Greencard?

Originally Posted by Ivonne
Ok, we've had both, the L1-A and later the E2 (as managerial employee) visa.

Please, do not confuse the E2 as an employee with the E2 as an investor. An investor can not get a green card from E2 because he can not sponsor himself. It's different with an E2 as an employee because in that case, the greencard is sponsored by the company.

So, there is no disadvantage of the E2 (as employee!) when it comes to getting a green card sponsored. It's the same for L1 or E2, you just have to qualify for one of the EB-Kategories. wether you have an L1 or E2 visa is irrelevant.

Now, why did our employer change our visas from L1 to E2? Well, they often bring over employees from their headquarters in germany und after sponsoring them all individually for L1 (or H1B, depending on the individual case), they realised that for a large company it's easier to get registered at the consulate as an E-Sponsoring company and only ONCE file all the documentation. Once they are registered, bringing over employees on an E2 basis is fairly easy. for L1 or H1B the employer has to apply for each employee individually at USCIS. Much more complicated and lenghty process.

another advantage of the E2 (as employee): It's initial validity is 5 years. although the I-94 (authorized period of stay) is only 2 years, it can simply be renewed by making a short trip outside the US. with an L1, the initial validity of the visa is only three year. and it can be renewed for another 2 years (L1-B) up to 5 years in total or renewed twice (L1-A) in increments of 2 years up to a total of 7 years.
The E2 can practically be renewed forever (as long as the criteria for the E2 status is fulfilled of course), there is no maximum.

The spouse of an E´-holder can abolutely apply for an EAD. I had EAD on L2 and E2-dependent status.

So, if the company is already registered at the consulate, there is no disadvantage in going for the E visa as compared to the L Visa.

so: I completely agree with Folinskyinla.
Thanks Ivonne for your post, we have also been in the US on an L1/2 visa and are now on an E2 (employee) visa which is valid for 5 years. I hadn't appreciated that the I-94 is only valid for 2 years but as we are back in the UK every year visiting family this shouldn't be a problem. I was beginning to worry that we were doomed being on an E2 after reading all the posts, so thanks to all who have made it clearer i.e employee v investor. The rules/limitations seem to constantly change as does who is eligible for a SSN etc this is a great site for getting up to date info, there are so many on here that are clued up on the subject.
denzil75 is offline  
Old Feb 18th 2008, 6:01 pm
  #41  
 
meauxna's Avatar
 
Joined: Apr 2002
Posts: 35,082
meauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond reputemeauxna has a reputation beyond repute
Default Re: E or L visa to Greencard?

Originally Posted by Ray
If its so much easier ..why do we never see any E-2 manager type enquiries
her ....
Maybe because they're handled in-house to the extent that people don't do research for them?

For example, with our case, I never found another marriage-based posting for Greece and since we went, probably 5 or less. Fewer people migrating out of there? Not really, just a well established family 'help' system that means that people don't post about it online. It's still going on, just not 'obvious' from the internet.
meauxna is offline  
Old Feb 18th 2008, 6:07 pm
  #42  
BE Forum Addict
 
chicagojlo's Avatar
 
Joined: Jan 2008
Location: Lake County IL
Posts: 1,953
chicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond reputechicagojlo has a reputation beyond repute
Default Re: E or L visa to Greencard?

Originally Posted by Ray
If its so much easier ..why do we never see any E-2 manager type enquiries
her ...perhaps it is so perfect ... and to get a GC do they have to go thru LC
where the L-1A does not ..
LC requirement depends on the category of GC being applied for not the current visa. Generally if you qualify for L1A then you could qualify for the EB1-C GC category which is a quicker option than the EB3 category because it doesn't require an LC. I'm not familiar with what it takes to qualify for the E2.

It was mentioned that the E2 was quicker to obtain but an L1 can be done in 15 days or less with premium processing. Ours took 2 days (and not under a blanket petition either) under PP.
chicagojlo is offline  
Old Feb 18th 2008, 6:34 pm
  #43  
Account Closed
 
Joined: Sep 2002
Posts: 16,266
Folinskyinla is an unknown quantity at this point
Default Re: E or L visa to Greencard?

Originally Posted by Ray
If its so much easier ..why do we never see any E-2 manager type enquiries
her ...perhaps it is so perfect ... and to get a GC do they have to go thru LC
where the L-1A does not ..
Hi:

When it works well, you don't get inquiries here.

For analytical purposes, it pays to remember that the manager or executive need not even come to the US before starting the immigrant visa process. I've seen that happen simply because the employee wanted a fair amount of certainty before coming to the US.

It is true that many people on E visas need an L/C. However, people who qualify for both L & E do not. Although the L-1A is a close analogue of EB-1 executive/manager, it is NOT a prerequisite.
Folinskyinla is offline  

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Contact Us - Archive - Advertising - Cookie Policy - Privacy Statement - Terms of Service -

Copyright © 2024 MH Sub I, LLC dba Internet Brands. All rights reserved. Use of this site indicates your consent to the Terms of Use.